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https://archive.org/detaiis/generalordinanceOOfort 


REVISION  AND  COMPILATION  OF  1901. 


THE 

General  Ordinances 

OF  the 

CITY  OF  FORT  WAYNE, 

CONTAINING,  ALSO, 

ACTS  OF  THE  GENERAL  ASSEMBLY 

OF  THE  STATE  OF  INDIANA, 

AS  FAR  AS  THEY  CONTROL  SAID  CITY, 

TO  WHICH  IS  PREFIXED  A 

Chronological  Roster  of  Officers 

FROM  1844  TO  1901, 

AND 

RULES  GOVERNING  THE  COMMON  COUNCIL. 


PUBLISHED  BY  AUTHORITY 

OF  THE  COMMON  COUNCIL. 


INTRODUCTORY 


This  edition  of  the  ordinances  is  not  strictly  a revision,  but 
rather  a revision  and  compilation  of  all  the  ordinances  in  force  on 
the  seventeenth  day  of  January,  1901,  combined.  The  revision 
was  made  necessary  by  the  adoption  of  the  New  Charter  for  the 
City,  in  May,  1894. 

The  phraseology  of  many  of  the  ordinances  had  to  be 
changed  in  order  to  be  in  harmony  with  the  provisions  of  the 
Statute.  To  meet  this,  the  council  in  many  instances,  enacted 
entire  new  ordinances  rather  than  amend  the  old  ones,  and  in  this 
edition,  it  will  be  found  that  nearly  all  the  ordinances  have  been 
enacted  since  May  1st,  1894.  Those  that  were  not  so  enacted 
stand  as  being  passed  of  the  date  of  the  revision  of  1887,  and  is 
referred  to  as  of  the  chapter  of  that  revision.  In  connection  with 
all  the  General  Ordinances  of  the  city  up  to  the  seventeenth  day  of 
January,  1901,  the  edition  contains  a compilation  of  the  Acts  of 
the  Indiana  Legislature  so  far  as  they  specifically  relate  to  and 
control  said  city. 

In  the  foot  notes,  reference  is  made  to  the  records  in  which 
the  different  ordinances  are  recorded  by  the  clerk. 

The  Index  has  been  made  very  full,  so  that  any  topic  may 
be  readily  found. 

W.  H.  Shambaugh. 

City  Attorney. 


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TABLE  OF  CONTENTS 


PARTT  I. 

Chronological  roster  of  officers 1-  84 

PAR'r  II. 

Rules  of  Council  87-98 

RARX  III. 

General  charter  act  98-183 

General  laws  relating  to  cities  and  towns  183-189 

Firemen’s  pension  fund  189-200 

An  act  concerning  the  punishment  of  women  and  girls  convicted  of 

crimes  and  of  city  ordinances 201 

Home  for  Friendless  Women  202-203 

Misdemeanors  203-204 

Schools  204-220 

An  act  concerning  the  education  of  childre  i 220-223 

Library  224-225 

Water  works  ’ 225-233 

Crimes  204 


PARX  IV. 

General  ordinances  of  the  City  of  Fort  Wayne,  in  force  -Jan.  17,  1901.  .235-517 


V 


GENERAL  INDEX 


Animals  368,369,  501 

Areas,  annexation  471,  480 

Auctioneers  408 

Bacteriological  laboratory  428,  514 

Bicycles  373 

Billiards  411 

Boundaries  493,  495 

Bonds,  official 484,  485 

Bonds,  city  497,  499 

Branch  stores  410 

Bridges 382 

Bread  443 

Buildings  448,449,  464 

Car  fenders  481 

Changing  name  of  street 487  to  492 

Circuses  and  shows  378,  379 

City  limits  493 

City  seal  484 

Condemnation 473 

County  Auditor  478 

Curfew  law  379,  380 

Dead  animals  434 

Diseased  horses  anl  cattle  385 

Disinfecting  436 

Electric  hanging  lamps,  railroad  crossings  395 

Fire  arms  371 

Fire  alarm  384 

Fire  plugs  386 

Fire  limits ! 445,  449 

Fire  chief  445,  448 

Fire  department  450,  451 

Fines,  remission  481 

Garbage  435 


VI 


GENERAL  INDEX. 

Home  Telephone  Company  342  to 

Hose  

House  moving  

Holidays  

Houses,  numbering  

Intelligence  office  

Intoxicating  liquors,  357, 

Injuring  sidewalks  

Junk  shops  

Leaves  


Licenses  416, 

Loitering  362, 

Mayor  ' 

Markets — Harrison  stieet  

“ Barr  street  387, 

Milk  420, 

Natural  gas  325  to 

N.  Y.  C.  & St.  L.  railroad,  contract  with  city  350  to 

Nuisances  430  to 

Oil  405  to 

Officers  

Offenses  360, 

Ordinances,  interpretation  495, 

Partition  fences  356, 

Party  walls  353, 

Parks  

Petroleum  381, 

Peddlers  and  hawkers  405, 

Permits ‘ 395, 

Personal  property,  sale  of  

Plumbers’  license  405,  406, 

Poles  and  wires  377,  378, 

Ponds  

Privy  vaults  

Privies  

Public  health  425,  427, 

Public  hall  

School  trustees  , 505, 

Safety  gates  393, 

Sewers  and  drains  395  to 

Sidewalks  372,  373,  458,  474, 

Slaughtering  houses  


Vll 

350 

448 

457 

483 

469 

516 

360 

372 

375 

374 

419 

367 

122 

385 

391 

425 

338 

353 

433 

406 

479 

368 

496 

357 

355 

379 

382 

406 

402 

475 

467 

412 

441 

468 

468 

428 

383 

507 

394 

400 

500 

434 


Vlll 


GENEKAL  INDEX. 


Soap  factory  433 

Smoke  stacks  440 

Street  sprinkling 372 

Street  and  alleys  414,  415,  451  to  457,  467,  500 

Stone  throwing  362 

Street  Railways — 

Port  Wayne  Street  Railway  Company  237  to  291 

Citizens’  Street  Railway  Company 240  to  241 

C.  L.  Centlivre 241,  284 

R.  T.  McDonald  268  to  274 

Fort  Wayne  Electric  Railway  Company  266  to  268 

Indiana  & Ohio  Traction  Company 292  to  307 

Fort  Wayne  & Southwestern  Traction  Company  307  to  325 

Telegraph  company  339  to  342 

Traction  engines  373,  374 

Theatres  383,  384 

Transcripts  478 

Union  label  482 

Wards  507 

Wholesaling  and  retailing  provisions 385,  387 

Water  385,  428 

Weeds  438 

Weighmaster  514 

Williams  park  499 

Wood  514 


....OFFICERS  OF.... 


The  City  Government 

...OF  THE  CITY  OF... 

FORT  WAYNE,  INDIANA, 

From  1840  to  1901. 


ARRANGED  BY 

HENRY  B.  MONNING, 


CITY  CLERK. 


CITY  OFFICEKS. 


3 


ROSTER  OF  CITY  OFFICERS 


HON.  GEORGE  W.  WOOD,  ALvyor 


F.  r.  RAN  DALE,  Recorder 


MEMBERS  OF  THE  COMMON  COUNCIL. 


WiEUAM  RoCKHIEE 
Thos.  Hamilton  b 
^Iadison  Sweetser  b 


Samuee  Edsaee 
WiEEiA:\i  S.  Edsaee 
WiEEiAM  D.  Moon 


CITY  OFFICERS 


F.  P.  Randaee 
Geo.  E.  Wright  . 
Samuel  S.  Morss 
Samuel  S.  Morss  a 
Rorert  E.  Fleming 
James  Post 
Joseph  H.  McMaken 
Samuel  Eds  all  . 
John  R.  Cocanour 


Attorney 
Treasurer 
High  Constable 
Collector 
Assessor 
Marketmaster 
Street  Commissioner 
Chief  Engineer 
Lumber  Measurer 


a Resigned  January  15,  1840,  and  Joseph  Berkley 

appointed  to  fill  vacancy  on  same  day. 
b Resigned  IMay  6,  1840,  and  Joseph  E.  Hill  and  Joseph 
Morgan  elected  June  5,  1840,  to  fill  vacancies. 


4 


LAWS  AND  ORDINANCES 


ROSTER  OF  CITY  OFFICERS 

1 1 1 . 


HON.  GEORGE  W.  WOOD,  Mayor  a 


F.  P.  RANDALL,  Recorder 


MEMBERS  OF  THE  COMMON  COUNCIL. 

H.  T.  Dewey  Philo  Rumsey 

Henry  Sharp  A.  S.  Johns 

Chari.es  G.  French  William  M.  Moon 


CITY  OFFICERS 


1^'.  P.  Randall 
(d-:orge  F.  Wright 
Bradford  !>.  Stiaens  . 
Richard  ^McMullen  b 
S.  .M.  Black 
John  B.  Cocanocr 
Daniel  McGinnis 
Rop,i<:ri'  Hood 


Attorney 
'I'reasiirer 
Collector 
Hig-h  Constable 
Assessor 

Lumber  Measurer 
b'lonr  Inspector 
IMarketmaster 


a Resigned  July  5,  1841.  and  vacancy  filled  August  2, 
1841,  by  election  of  Josejih  iMorgan. 
h Superseded  .Vugust  2,  1841,  by  Bradford  B.  Stevens. 


CITY  OFFICERvS. 


5 


ROSTER  OF  CITY  OFFICERS 

1 


HOX.  lOSEPH  MORGAN,  Mayor 


WILLIAM  LYTLE,  Recorder 


MEMBERS  OE  THE  COMMON  COUNCIL. 


Hiram  T.  Dewey 
IIexry  Cooper 
losivPii  Scott 


Phieo  Rumsey 
Henry  Sfiarp 
Wieua:m  L.  Moon 


CITY  OFFICERS 


I Bradford  B.  Stevens  a 
(lEOROE  F.  Wright  b 
Henry  Lot 
Rop.ert  E.  Fleming 

Ih)WAR1)  StA1‘LEFOR1) 

Da  n t ei.  M c Gt  n n 1 s c 
John  B.  Cocanour 
Hinnry  Cooper 
William  L.  Moon  d 
O.  Bird 
Pe'i  er  Kiser 

a Resii^ned  August  3,  1842 


High  Constable 
Treasurer 

Street  Commissioner 

Assessor 

Collector 

Flour  Inspector 

Lumber  Measurer 

Attorney 

Chief  Engineer 

Surveyor 

Marketmaster 


and  James  Crumley  elected 

same  day  to  fill  vacancy. 

Resigned  September  10,  1842,  and  Edward  Stapleford 
elected  same  day  to  fill  vacancy,  which  he  resigned 
September  15,  1842,  and  was  succeeded  by  O.  W. 
jefiferds. 

Resigned  August  20,  1842,  and  Daniel  Garnsey  appointed 
September  5,  1842,  to  fill  vacancy. 

Resigned  August  6,  1842,  vacancy  continued. 

Resigned  August  29,  1842,  and  S.  C.  Freeman  elected 
Sei)teml)er  26.  1842.  to  fill  vacancy. 


6 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 

IIOX.  HENRY  LOTZ,  Mayor 
WlLUAAf  LYTLE,  Ri^:corder 


iML^IliLRS  OF  THE  CO]\mOX  COUNCIL. 


EkanklIxN  F.  Randael 

LVSA NDKR  Wl LLl A YIS 
PiiiLo  H.  Taylor 


Hl(;ii  McCulloch 
John  W.  Cocanour 
M.  W.  Hu  I]  HELL 


CrrY  OEEICERS 


Lucian  R.  I^'erry 
Oliver  W.  Jefeicrds 
James  Crltmley  . 
James  Crumley  . 

W Stewart 
William  Rockiiii.l 
John  Cocoirane  . 

O.  ])1R1) 


Attorney 

1'reasiirer 

Collector 

High  Constable 

Street  Commissioner 

Assessor 

Chief  Engineer 

Surveyor 


lU.)ARl)  Oh'  HEALTH 

Dr.  Chas.  Schmitz 
Dr.  Lewis  Beecher 


Dr.  H.  R.  Ayres 


CITY  OFFICERS. 


ROSTER  OF  CITY  OFFICERS 

1 I . 

HOX.  HENRY  LOTZ,  Mayor  a 


WILLrAM  LYTLE,  Recorder  b 


IMLMHLRS  OL  THE  COMMON  COUNCIL 


A [organ  Lewis  d 
Sa.muee  H.  Shoaff 
Henry  Wiujams 


Ceeves  D.  Silver 
John  Cochrane 
[oHN  B.  Dubois 


CriA"  OEEICERS 


Samuel  Bigger  c 
T iioM AS  Pritchard 
S.  AI.  B.lack 
\V I LLi  A M Stewart 
W iLLiAM  Stewart 
Wm.  Stian'art 
O.  W.  Jefferds  . 
Peter  Riser 


Attorney 
Chief  Eiy^-ineer 
Assessor 
Hig-h  Constable 
Collector 

Street  Commissioner 

i'reasnrer 

Alarketmaster 


BOARD  OF  HEALTH 

Dr.  Lewis  Beecher  Dr.  Chas.  Schmitz 

Dr.  Lewis  Thompson 

a Discharged  July  i,  1844,  and  succeeded  by  John  M. 
Wallace. 

b Resigned  Alay  5,  1844,  and  Robert  Lowry  elected  the 
same  day  to  fill  vacancy. 

c Sujierseded  by  John  W.  Dawson  December  9,  1844. 
d Resigned  August  6,  1844,  and  S.  M.  Black  elected 
August  26,  1844,  to  fill  vacancy. 


8 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 « 


HON.  JOHN  M.  WALLACE,  Mayor  a 


OLIVER  P.  MORGAN,  Recorder 


MEMBERS  OF  THE  COMMON  COUNCIL 

S.  M.  Black  James  Humphrey 

Philo  Rumsey  b Charles  Paige 

Henry  W.  Jones  John  B.  Dubois 


CITY  OEFHCERS 


O.  W.  Jefeerds 
W.  P>.  Wilkinson 
John  W.  Dawson 
W.  B).  Wilkinson 
William  H.  Prince 


Treasurer 
High  Constalile 
xTttorney 
Collector 
Assessor 


BOARD  OF  HEALTH 

Dr.  Lewis  Beecher  Dr.  Chas.  Schmitz 

Dr.  Lewis  Thompson 

a Resigned  May  8,  1846,  and  M.  W.  Huxford  elected  May 
26,  1846,  to  fill  the  iinexpired  time. 
b Resigned  May  26,  1846,  and  Charles  Fink  elected  to  fill 
vacancy. 


CITY  OFFICEKvS. 


9 


ROSTER  OF  CITY  OFFICERS 

i<>. 

HOX.  M.  W.  HUXFORD,  Mayor 


WILLIAM  I.YTLE,  Recorder  a 


MEMBERS  OE  THE 

James  B.  Hanna  b 
Henry  Sharp 
James  Hptmi>hrey 


CITY 

John  W.  Dawson 
Joseph  Morgan  . 
Robert  Hood 
Oliver  W.  Jefferds 
Cleves  S.  Silver  . 

S.  M.  Black 
S.  M.  B,lack 
I.  D.  G.  Xelson  . 


COMMOX  COUXCIL 

Richard  McMcu.en  c 
Samuel  S.  AIorss  d 
C IT  ARISES  I^Fnk 


:^EICERS 

Attorney 

Assessor 

Market  Master 

Treasurer 

Hio'h  Constalile 

Street  Commissioner 

Surveyor 

in  our  Inspector 


BOARD  OE  HEALTH 

Dr.  Lewis  Beecher  Dr.  Chas.  Schmitz 

Dr.  Lewis  Thompson 

a Resip'iied  June  12,  1846,  and  Jolm  B.  Du1)ois  elected 
same  day  to  fill  vacancy. 

b Resio'iied  October  5,  1846,  vacancy  continued. 
c Resip;ned  May  4,  1846,  and  J.  P.  Munson  elected  June  i. 
1846,  to  fill  vacancy. 

d Resigned  Seiitember  8,  1846,  and  Samuel  Sto])blel 
elected  October  5,  1846.  to  fill  vacancv. 


10 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 iT  . 


HOX.  A[.  W.  Hl’XIX)RD,  .AfAYOR 


JOHX  l‘>.  DR1U)IS.  Recorder 


MRMIU^RS  THE  COlVliVlOX  COUXCIL 

Jacop.  I.i'Avis  James  W AfE^xsoN  b 

HEAMn-  Sharp  John  Cocanour 

John  Cochrane  Charles  I^Ank 


CITY  OFFICERS 


ClEVES  S.  SlLWiR  . 
Samhet^  Stoimilet 
OlJVER  P.  AIorgan 
Cr,E\'ES  S.  Silver  . 


High  Constable  a 
Assessor 
A reasurer 
Collector  a 


BOARD  OF  HEALTH 

Dr.  Lewis  Beecher  Dr.  Chas.  Sch^iitz 

Dr.  Lewis  Ttioaipson 

a Resigned  June  to,  1847,  vacancy  filled  the  same 
hy  election  of  Jacob  Hnll. 
b Resigned  Alay,  1847,  vacancy  continued. 


CITY  OFFICERvS. 


11 


ROSTER  OF  CITY  OFFICERS 

1 i 


HOX.  M.  W.  HUXFORD,  Mayor 


OLIX^ER  P.  MORGAN,  Recorder 


MEMBERS  OE  'FHE  COjMMON  COUNCIL 

CiiAREES  Muheer  Hexrv  Share 

Joiix  Cochraxe  Johx  B.  Cocaxour 

JoilX  CoXOER  Aeex.  'McJuxkix 


CITY  OFEICERS 


T.  J.  Price  a 
N.  P.  Stock  BRIDGE 
Charles  G.  Frexch 
Jacob  ITull 


Hio'h  Constalile 
i reasurer 
Assessor 
Collector 


BOARD  Ol'  HEALTH 

Dr.  FIexrv  Wehmer  Dr.  H.  P.  Ayres 

Dr.  C.  E.  Sturgis 

a Office  declared  vacant  Aiignst  7,  1848,  and  Daniel 
Gavlord  elected  to  dll  vacancy  the  same  dav. 


12 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 ii>. 


IION.  WIIXAM  STEWART,  Mayor 


OLIVER  P.  MORGAN,  Recorder 


MEMIVERS  OF  THE  COMMON  COUNCTL 


A.  M.  Mrji'NKiN 
IM-:ter  M.  Pa  [LEY 
Jam es  H l.m rhrey 


Michael  Hedekin 
P.  W.  Oakley 
Charles  Muhler 


CITY  OEEICERS 


Sa.mi'ei,  C.  I^'reeman 
Samuei,  C.  Freeman 
Samuel  C.  IYeeman 
CnARLi<:s  G.  French 
X.  F.  S'l'OCKHRrOGE 
John  P.  Cocanour 


Hig'h  Constalile  a 
Collector  a 

Street  Commissioner  a 

Assessor 

I'reasurer 

Chief  Eng-ineer 


POARD  OE  FIEALTH 

Dr.  Henry  Wehmer  Dr.  H.  P.  Ayres 

Dr.  C.  E.  Sturgis 

a Appointed  Jannary  6.  1851.  to  fill  Yacancy  caused  by 
John  P.  Cocanonr’s  de])artnre  for  California. 
a Resig'iicd  all  three  offices  April  6,  1849,  and  succeeded 
1)Y  John  P.  Griffith  April  7.  1849.  who  resigned 
Sci)tem1)er  14,  1841).  and  was  succeeded  the  same 
day  1)Y  J(dm  Spencer. 


CITY  OFFICEKS. 


13 


ROSTER  OF  CITY  OFFICERS 


1 

MOX.  WILL 

,IAA1  STEWART,  AIayor 

OLI\'l{R  I 

\ AIORGAX,  Recorder 

YIXMBFRS  Ol^^ 

THE  COIVIAIOX  COUXCIL 

A.  Y.  YcJunkin 

lllANRV  SllARl> 

W.  II.  ICUANT 

C.  And1':rson 
James  Humriirey 
B.  W.  Oakley 

CITY  Ol'inClcRS 

WiLi.iAM  W.  Carson  . . Attorney 

Hfnr'>'  R.  Colfrlck  . . Assessor 

BOARD  OF  lIItALIlB 

I.  D.  G.  Xefson  John  Cochrane 

D.  W.  Bcrrocc.iis 


14 


IvAWvS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 1 . a 


HON.  WILLIAM  STEWART,  Mayor 


Recorder — Duties  Performed  By  Mayor 


MEMBERS  OE  THE  COMMON  COUNCIL 


O.  W.  Jeeferds 
Jami-:s  Howe 
D.  P.  Hartman 


O.  Bird 

I4^ter  Kiser 

R ( ) H 1^:  r 'I'  A R M s'r  ro  N G 


CITY 

T.  I).  DeKay 
W.  W.  Carson 
Morris  Cody 
Morris  Cody 
Ben.i.  Towio< 


OEEICERS 

County  Treasurer 
Attorney 
High  Constable 
Street  Commissioner 
Chief  Engineer 


BOARD  OE  HEALTH 

T.  D.  G.  Nelson  John  Cochranb’ 

D.  W.  Burroughs 

a Charter  amended  by  the  General  Assembly  in  1851  ; act 
approved  Eebruary  8,  abolishing  the  offices  of 
Treasurer,  Assessor,  Collector  and  Recorder,  making 
it  the  duty  of  the  Mayor  to  perform  the  duties  of 
Recorder.  The  duties  of  the  Treasurer,  Assessor 
and  Collector  were  transferred  to  the  proper  officers 
of  the  county.  Section  7 of  said  amended  act  also 
])rovides  for  the  annual  election  of  IMayor  and  High 
Constable. 


CITY  OFFICERS. 


15 


ROSTER  OF  CITY  OFFICERS 

1 


HON.  P.  G.  JONES,  Mayor 


Recorder — Duties  Performed  By  Mayor 


MEMr,ERS  OE  THE  COMAION  COONCIL 

R.  McMullen  ■ ( ).  I>ird 

H.  R.  CoLERiCK  Roi’.ert  Armstrong; 

James  Humphrey  Jonas  W.  Tow'nley 


CITY  OFFICERS 


T.  D.  DeKay 
Willi  a m F l e m i n g 
Samuel  C.  Freeman 
Edward  Smith 


County  Treasurer 
High  Consta1)le 
Chief  Engineer 
Street  Commissioner 


BOARD  OE  HEALTH 

John  Cochrane 
D.  W.  Burroughs 


I.  D.  G.  Nelson 


16 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

l«^3. 


HON.  CHARLES  WHITMORE,  Mayor 


RiicoRDER — Duties  Performed  By  Mayor 


» 

MEMBERS  THE  COMMON  COUNCIL 

John  J.  Trentman  Jamies  Vaxdegrtff 

Milton  Henry  Vred  Nirdlinoer 

John  Drake  a Henry  Drover 


CITY  OEINCERS 


T.  D.  DeKav 
Samuel  I^'ri':eman 
E.  P.  Randall  . 
Wiluam  Lannin 
S.  C.  Freeman 
Washi NO roN  DeKay 


County  Treasurer 
Hio'h  Constalile 
.Vttorney 

Street  Commissioner 
Chief  Engineer 
Wood  .Measurer 


TRUSTEES  OF  PUBLIC  SCIKdOLS 

Hlthi  McCulloch  Charles  Case 

Whjja:m  Stewart 


BOARD  OF  HEALTH 

I.  D.  Cj.  Nelson  John  Cck^'iirane 

D.  W.  I)URROUGHS 

(1  Resigned  May  lo,  1853,  and  succeeded  by  Richard 
Chute,  who  resigned  June  17,  1853. 


CITY  OFFICEKS. 


ROSTER  OF  CITY  OFFICERS 


HOX.  CHARLES  WHITMORE,  Mayor 


W.  IL  ELLIS,  City  Clerk  b 


*HEM1UH^S  OE  THE  COMMON  COUNCIL 


M'ilijam  Loercer 
Joux  ( )rfe 
John  Arxoll 

H.  M^E  TIMER 

Eraxcfs  Aveiane 
Joiix  M.  S XT  VERY 


John  M.  Mtlt.er 
Moses  Drake 
Platt  J.  Wtse 
Isaac  Lauferty 
W.  H.  Link 
A.  AT.  Webtt 


CITY 

Charles  AUhiler 
E.  J.  Erank 
Bernard  Hhtker 
Chart,t^:s  Case  c . 

L i:\Yis  Woi,KE 
S.  S.  AIorss  d 
I).  W.  lU’RROLGHS 


OEEICERS 

FreasiTi'er 

Hig-h  Constable 

Street  Commissioner 

Attorney 

Chief  Eng-ineer 

Assessor 

Sealer  Weights  and 
A'Teasnres 


BOARD  OE  HEALTH 

Dr.  W.m.  H.  Brooks  Dr.  P.  M.  Leonard 

Dr.  James  Ormiston  e 


18 


LAWvS  AND  ORDINANCES. 


TRUSTEES  OE  PUBLIC  SCHOOLS 

James  Humphrey  Henry  Sharp 

Cpiarees  G.  Frencpi 

a The  act  of  the  General  Assembly  of  the  State  of  Indiana, 
amending  the  charter  of  Fort  Wayne,  approved 

, 1854,  provided  for  the  election,  on  the 

second  Tuesday  of  March  of  each  year,  by  the 
qualified  voters,  of  a Mayor  (who  shall  be  the  pre- 
siding officer  of  the  Common  Council),  two  Council- 
men  from  each  ward  (by  the  voters  thereof 
res])ectively) , a Clerk,  Assessor,  Treasurer,  Street 
Commissioner  and  Marshal,  who  shall  severally 
hold  their  offices  for  one  year. 

b Defaulter  and  absconded,  office  declared  vacant  July  29. 
1854,  and  A.  J.  Emerick  elected  August  23,  1854,  to 
fill  vacancy. 

c Resigned  October  18,  1854,  and  Isaac  Jenkinson  elected 
the  same  day  to  fill  vacancy. 

d Resigned  January  13,  1855,  and  William  D.  Henderson 
elected  January  24,  1855,  to  fill  vacancy. 

c Resigned  June  i,  1854,  and  succeeded  by  Dr.  Francis 
Lielier. 


CITY  OFFICERS. 


19 


ROSTER  OF  CITY  OFFICERS 

1 


HOX.  WILLIAM  STEWART,  IMavor 


R.  X.  (I()I)RvEY,  City  Clfrk 


MEMIUMLS  ' 

P.  Hoacj.axi) 

E.  l>OST!CK 
Hfxrv  ]*)Aki:r 
JoiIX  ArXOU) 

C'hAIOJCS  I'iXK 


CHA' 

C.  A.  Rfkicrs 
W'lM.IAM  W.  CaRSOX  . 
Patrick  AIcCkf  . 

Joiix  Grfer 
James  P>.  Teiveer  a 
IT  McEefatrick  . 

Jorrx  Eairkieei)  b . 

V>.  Sai’xders 


commox  council 

E.  IT  Raxdale 
Joiix  M.  Mieeer 
Axdriav  UameeI': 
C.  W.  Aeeex 
A.  M.  Week 


IMACIeRS 

Treasurer 
Attorney 
Hio'h  Consta1)le 
Street  Commissioner 
Chief  Eiy^'ineer 
Civil  Engineer 
Marketmaster 
Sealer  Weights  ami 
Measures 


R>()ARI)  Oh'  IIEAETII 

Dr.  Hricker  J.  ]).  Wori)i-:x 

E.  J.  Erank 


20 


LAWvS  AND  ORDINANCES. 


TRL'STEES  OI'  l^UHLIC  SCHOOLS 

Charles  G.  French  William  S:sirni 

James  JIumphrey 

(.1  Succeeded  by  Henry  Baker  October  15,  1855. 
b Resigned  August  28,  1855,  Weld)  elected 

Se])tember  4,  1855,  to  fill  vacancy,  and  succeeded  by 
Henry  Monning  vSe])teniber  18,  1855. 


CITY  Ol'lTCKHvS 


21 


ROSTER  OF  CITY  OFFICERS 

1 >. 


HON.  WILLIAM  STEWARI^  Mayor 


A.  C.  LROfLVSCO.  City  Ccerk 


mExMiryRS  oe  the 

Ja.mi:s  ( )r.m  is'i'ox 
M ichai<:l  1 1 i>:i)EKiN 
1 J K R .M  A X X I !•:  R Y I a X 
Wi M.i am  cK ixckv 
A.  M.  Wkui; 


COAIMON  COUNCIL  c 

I^IIOMAS  StEVEXS 
1If:XRY  I) AKER 
j.  1).  WoRDEX 
WiEijAM  T.  Pratt 
C'OXRAI)  P)AKER 


CITY  OICNCERS 


C.  A.  Reki<:rs 
Hexry  Crist 
Jonx  Hardexuorf 
Patrick  McGee  . 
Charles  Eorbes  . 
S.  C.  Ericemax 
S.  C.  f^REICMAX 

b 


I'rcasurer 

Assessor 

Street  Commissioner 
Marshal 
Civil  Engineer 
Chief  Engineer 
Sealer  Weights  and 
Measures 
Attorney 


P>OARl)  Oh'  HEALTH 

JoHX  Cochrane 
Thomas  Ticar 


Dr.  11.  Wehmer 


22 


LAWS  AND  ORDINANCES. 


TRUSTEES  OF  PUBLIC  SCHOOLS 

F.  P.  Randall  d Ci-iarles  G.  French 

James  Humphrey  John  M.  Miller 

Charpes  E.  Sturgis 

a Resigned  May  27,  1856,  and  Thomas  Meegan  elected 
to  fill  vacancy  June  3,  1856. 

h On  motion  of  Councilman  Welib  the  office  of  City 
Attorney  was  abolished. 

c Wards  reduced  from  six  to  five,  with  two  aldermen 
from  each. 

d Succeeded  by  Pliny  Hoagland. 


CITY  OFFICEKS. 


ROSTER  OF  CITY  OFFICERS 


HOX.  SAMUEL  S.  MOKSS,  Mayor 


CIIRISTIAX  TRESSELT,  City  Ceerk 


CITY  OEETCERS 


CcCXRAI)  XlLU 
Ratrick  Mc(iKI£  . 
CiiRiSTiAX  Cook  . 
(ilCOIU'.F.  IlUMI’HREY 

Ja.mes  Howe 
WSujAM  Stfavart 
1 )Exj AMIN  Saunders 


Treasurer 

Xlarshal 

Street  Commissioner 
Chief  Eng-ineer 
Assessor 
iMarketmaster 
Sealer  Weigiits  and 
Measures 


HOARD  OE  HEALTH 

D.  H.  Weiimer  John  Cochrane 

O.  W.  Jefferds 


TRUSTEES  OE  I?UHL1C  SCHOOLS 

WiEUAM  Rockhiee  Wieuam  H.  Link 

James  Humphrey  Charees  E.  Sturgis 

John  M.  Mhj.er 


24 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 

HON.  SAMUEL  S.  MORSS,  IMayor 
J.  C.  DAVIS,  City  Clerk 


:memp>ers  of  the  common  council 


H.  N.  I’LTNAM 
E.  VORDERMARK 
CriARi^ES  D.  Bond 
William  T.  Pratt 
A.  M.  Webb 


John  M.  iVIiller 
John  S.  Irwin 
Jacob  Foellinger 
Christian  Becker 
O.  D.  Hurd 


CITY  OFFICERS 


W.  H.  Link 
Joseph  Price 
Patrick  McGee  . 

L.  T.  Bourie 
Sam  uel  McElfatrick 
Charles  Baker  . 
William  Stewart 
John  J.  Glenn 


TRUSTEES  OF 
Thomas  Tigar 

Charle! 

WiLiJAM  Rock  HILL 


Treasurer  a 

Assessor 

Marshal 

Chief  Engineer 

Civil  Engineer 

Street  Commissioner 

Marketmaster 

Attornev 


PUBLIC  SCHOOLS 

Wh,lia?^i  Edsall 
G.  French 

Ja]\ies  Humphrey 


a Resigned  Ajiril  21,  i85(),  vacancy  continued. 


CITY  OFFICEKS. 


25 


ROSTER  OF  CITY  OFFICERS 


HON.  FRANKLIN  P.  RANDALL,  Mayor 


MOSi^^S  DRAKI^',  Jr.,  City  Clerk 


me:\ibers  ()!'  ^niE  co^lmon  council 


JOIIX  I^REXILMAX  b 
JoHx  Burt  a 
Benjamin  H.  Tower  a 
Morris  Cody  b 
Herman  Niermax  b 


B.  D.  Miner  a 
Daniel  Nestj.e  a 
A.  C.  I)EAvr:R  b 
( ).  D.  Hurd  b 
Ja.mes  Hi-mi‘iirey  a 
long'  term,  and  those 


Councilmer;  marked  “n”  drew  the 
marked  “b"  the  short  term. 


CITY 

William  Stewart 
Georoe  Humi’hrey 
Hexrv  Tons 
Joseph  Price 
W'Tlliam  Miller 
H.  H.  Bossler 
Ik\TRiCK  McGi<:e 


OEIOCERS 

City  Treasurer 
City  Civil  lAigineer 
Street  Commissioner 
City  Marshal 
Marketmaster 
Assessor 

Sealer  Weig-hts  and 
Measures 


BOARD  OF  HEALTH 

Dr.  S.  B.  Woodworth  Jami-:s  H.  Kop.inson 

Dr.  L.  Meinderman 


TRUSTEES  Ol'  PUBLIC  SCHOOLS 

Samuel  Edsall  Ch arises  E.  Sturgis 

Oliver  P.  Morgan 

Thomas  Tigar 


Robert  E.  Fleming 


26 


LAWvS  AND  OKDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  FRANKLIN  P.  RANDALL,  Mayor 


L.  T.  BOURIE,  City  Clerk 


MILMBERS  OF  THE  COMIUON  COUNCIL 


John  I)Krt 

1 ) E N J A M IN  11.  TnW ER 

Daniet,  Nestle 
B.  H.  Klmi'.all 
James  Hlmpiirey 


AIolris  Coi)^' 

Im)\\  AR1)  Sl.OCUM 

C.  D.  Pjepenbrink 
B).  D.  ^[iNER  C 
John  S.  Harrington 


CITY 

FI.  N.  Pltnam 
Patrick  McGee  . 
\\^ILLIAM  S.  Smith 
Henry  'I^ins 
( ).  1).  Hcri) 

().  Bird 
J.  S.  Leach 

Joseph  Brice 


BOARD 

Dr.  K.  Sturgis 

WiLLL' 


IHHCERS 

City  Treasurer 

Marshal 

Attorney 

Street  Commisioner  b 
Chief  Engineer  c 
Civil  Engineer 
Broa(hva\-  Market- 
master  d 

Sealer  Weights  and 
i\I  AKsnres 

h'  HEALTH 

M.  Hedekix 
a Brv.\nt 


rRUSTEES  OI^^  PUBLIC  SCHOOLS 

WiLUAM  Rockhju,  James  H.  Robinson 

John  C.  Davis 

()i,i\  ER  P.  Morg.\n 


( )rin  D.  HT'RD 


CITY  OFFICERS. 


27 


The  above  Board  of  Health,  appointed  May  7,  1861,  failing- 
to  qualify,  Drs.  B.  S.  Woodworth,  C.  Schmitz  and 
Henry  Baker  were  a])pointed  July  9,  1861,  as  such 
Board. 

a An  act  to  repeal  all  general  laws  now  in  force  for  the 
incorporation  of  cities,  ])rescril)ing  their  rights  and 
powers,  and  the  manner  in  which  they  shall  exercise 
the  same,  approved  March  9,  1857,  among  other 
things,  prescribes  that  after  the  first  general  election, 
the  officers  of  said  city  shall  res])cctively  hold  their 
offices  two  }-ears  each.  ^Fhe  Councihnen  shall  be 
chosen  l>y  the  legal  voters  of  their  respective  Avards, 
and  one  Councilman  from  each  ward,  to  be  deter- 
mined l)y  lot  at  the  first  regular  meeting  after  the 
election,  shall  hold  his  office  tw^o  years,  and  the 
other,  to  be  determined  in  like  manner,  shall  hold 
his  office  for  four  years,  and  biennially  thereafter 
one  Councilman  shall  be  elected  by  the  legal  voters 
of  each  ward. 

h Resigned  February  ii,  1861,  and  C.  W.  Lindlag  elected 
February  25,  1862,  to  fill  vacancy. 

c Superseded  by  Joseph  A.  Stell wagon  October  8,  1861. 

d Resigned  July  23,  1861. 

e Resigned  November  12,  1861,  and  Fred  Xirdlinger 

elected  December  7,  i86t,  to  fill  vacanev. 


2S 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  FRANKLIN  P.  RANDALL,  ^Iayor 


E.  L.  CHTTl^ENDEN,  City  Clerk 


AIEMBERS  OF  T 

Morris  Cody 
Henry  ]\Ionnixg 
A.  F.  Sc  HERE  f 
IF  H.  KlME.AU, 

Edward  Seocum  // 


CITY 

John  Conger 
Patrick  YIcGee  . 

Joseph  S.  Erance 
W.  D.  Henderson  a 
S.  C.  Ereeman 
John  S.  Mower  . 

L.  T.  Bourie  b . 

C.  W.  Lindlag 
IFvtrlck  Ryan  c 
C.  D.  Pens  d 


F COMMON  COUNCIL 

J.  S.  Harrington  e 
C.  D.  IFepenp.rink 
1 )en  n is  Dow ney 
]1.  Nierman  O' 
Menjamin  H.  Tower 


FFICERS 

City  'rreasiirer 
Marshal 
. Attorney 
Alarketmaster 
Assessor 
Civil  Engineer 
Chief  Engineer 
Street  Commissioner 
Wood  Measurer 
Captain  of  Police 


BOARD  OE  HEALTH 

Dr.  H.  S.  Woodworth  Dr.  Charges  Schmitz 

Dr.  W.  H.  Myers 


TRIFSTEES  Oh^  1‘UBLIC  SCHOOLS 

Samuei,  Edsall  i A.  Martin  / 

()c'hmk;  Bird 

C' hari.es  E.  Stcrgis 


Christf.\n  Orfi- 


CITY  OFl'ICKKS. 


29 


a Resigned  Mav  lo.  1864,  and  Fhoinas  !)Card  elected 
same  day  to  fill  vacancy. 

b Sii])erseded  by  Joseph  .V.  Stellwagon,  b^ebrnary  9,  1864, 
and  Stellwagon  resigned  June  14,  1864.  and  on  same 
(lav  Munson  A"itn(lieson  was  unaiiiinuuslv  elected 
to  fill  vacancy. 

c Discharged  December  8,  1863,  and  reinstated  December 
22,  1863. 

d Resigned  Febrnar}-  4,  1864,  and  William  Ward  elected 
iMardi  22,  18^4,  to  fill  vacancy. 

e Resigned  December  8,  1863,  C.  Neireiter  elected 

December  30,  18F3.  to  fill  vacancy. 

/ Resigned  January  24.  1865.  vacancy  continued. 

g Resigned  July  12,  1864,  and  F.  Floagland  elected  August 
13.  18F4,  to  fill  vacancy. 

h Resigned  A])ril  it,  1863,  to  accept  the  office  of  School 
Trustee,  and  William  Waddington  elected  ]\Jav  2, 
1865,  to  fill  vacancy. 

i Emanuel  Bostick  and  Virgil  M.  Kimball  served  the  im- 
ex])ired  term  of  Samuel  Edsall  and  A.  Martin. 


30 


LAWvS  AND  OKDINANCKvS 


ROSTER  OF  CITY  OFFICERS. 


HOX.  JAAfES  L.  WORDEX,  AIayor  a 


IR  L.  CHEFTEXDEX,  City  Clerk 


• AIEMBERS  OE  THE 

AI ORRIS  Cody 
IF  H.  Ki:\ip,all 
R.  S.  Lender  DILI. 

R.  H OAKLAND 

1’).  H.  Tower 


COAIMOX  COCXC[E 

A.  J^.  iLOviliRTOX 
Fred  Xirdlinger 
Dennis  Downey 
Henry  AIonning  f 

\ V 1 L L I A A1  W A D1 ) I N G'W ) N 


crrv  OFFICERS 


John  Conger 
1^'ranklin  R.  Randall 
Ratrick  McGee  . 
John  P).  Rekers  b 
R.  FAxlahee 
W.  S.  Gir.KisoN  c 
A h ’ N so  N V A N G 1 i^:s( ) n 
'Fiioaias  D.  P)EArd  d 
WO  LI  JAM  WOxRD 


City  ITeasiirer 
Attorney 
Alarshal 
Assessor 
wStreet  Commissioner 
Cixil  Engineer 
Chief  lingineer 
Alarketmaster 
Ca])tain  of  Police 
Sealer  Weights  and 
A least!  res 


ItOARD  OE  HEALTH 

Dk.  E X.  Roseanthal  Dk.  T.  AIcCi'LLoroii 

Dr.  R>.  S.  W’oodw  or  rii 


CITY  OFFICEKvS. 


31 


TRUSTEES  OF  PURLIC  SCHOOLS 

OuvER  P.  Morgan  Dr.  John  S.  Irwin 

Edward  Slocum 

By  the  amended  charter,  approved  December  20,  1865,  the 
Civil  Engineer  and  Assessor  are  appointed  by  the 
Council,  instead  of  as  heretofore,  by  the  people.  The 
offices  of  Auditor  and  City  Judge  were  created,  if 
the  Council  deemed  exjiedient.  The  terms  of  Coun- 
cilmen  were  changed  so  that  the  successors  of  Coun- 
cilmen  now  acting,  whose  terms  expire  in  May,  1867, 
shall  be  elected  for  one  year,  and  the  successors  of  the 
Councilmen  whose  terms  expire  May,  i86p,  shall  be 
elected  1)iennially. 

a Resigned  Septemlier  ii,  1866,  B.  H.  Tower  was  elected 
President  of  the  Council  on  the  same  (lav,  and 
Benjamin  Saunders  chosen  acting  Alayor. 
h Resigned  October  10.  18B5,  and  ,\.  C.  Probasco 

appointed  Decemlier  27,  1865,  to  fill  vacancy. 
c Resignation  presented  Alarch  12.  1867,  and  laid  on  the 
table,  and  C.  S.  Brackcnridge  appointed  deputy. 
d Superseded  May  8,  1866,  lyv  Wdlliam  Kanning. 
c The  office  of  Sealer  Weights  and  iMeasures  abolished 
by  the  Council,  1864. 

f Resigned  July  up,  1866,  having  received  the  nomination 
for  County  Treasurer,  and  David  Hoit  elected  August 
4,  1866.  to  fill  vacancy. 


LAWvS  AND  OKDINANCKvS. 


32 

ROSTER  OF  CITY  OFFICERS 


HON.  HENRY  SHARP,  Mayor 


IP  L.  CHITTENDEN,  City  Clerk 


MEMIVERS  OF  THE 

Edward  Slockm 
John  Arxou) 

H.  H.  Kkaiilvll 
Jacoh  I)0\vsek 
George  Link 
Morris  Cody 
W.  T.  McKean 
John  Cochrane 
Joseph  March 


COMI^ION  COUNCIL 

George  Del  Wild 
Ered  Nirdijnger 
P.  Edgerton 
\\.  W.  Oakley  c 
M.  Hogan 
John  Taylor 
George  Jacoby 

Ah  L L I A A 1 A DD 1 N ( ITO  N 


CITY 

C.  PlEI'ENLRINK  . 

R.  S.  Rol.ertson  . 
AFlliam  Lindemann  . 
Ceorge  F' I slier 
AFli.iaai  H.  Hriant 
C.  S.  I ) RAC  KEN  ridge 
JoSElMf  1).  I'rY  (/ 
AYilliam  Kanning  h . 
A'illiam  AF\rd  . 


OFFICERS 

City  Treasurer 
Attorney 
Marshal 
Assessor 
Street  Commissioner 
Civil  Engineer 
Chief  Engineer  . . 
Marketmaster 
Ca])tain  of  I\:>Iice 


FOARD  OF  HEALTH 

Dk.  I.  N.  Rosenthal  Dr.  T.  McCrLLOUGH 

Dr.  P).  S.  AF)odwort]i 


CITY  OFFICICRS. 


33 


TRUSTEES  OE  PUBLIC  SCHOOLS 

Oliver  P.  Morgan  Dr.  John  S.  Irwin 

Edward  Slocum 

By  the  amended  Charter,  approved  March  14,  1867,  the 
Civil  Engineer,  Assessor  and  Street  Commissioner 
were  appointed  by  the  Council. 

At  the  May  election,  1867,  the  Sixth,  Seventh  and  Eighth 
wards  were  constituted,  and  at  the  special  election 
held  therein  May  25,  1867,  elected  their  Councilmen, 
(in  italics),  who,  having  drawn  lots  for  term  of  office, 
resulting  in  the  gentlemen  marked  with  a (*) 
drawing  the  long  term  . 

At  the  election,  1868,  the  Sixth,  Seventh  and  Eighth  Wards 
held  election  of  one  Councilman  each  to  serve  two 
years,  resulting  in  the  choice  of  N.  C.  Miller  from 
the  Sixth,  George  Jacoby  from  the  Seventh,  and 
George  Link  from  the  Eighth. 

a Superseded  by  Hiram  Poyser,  May  26,  1868. 

h Superseded  by  William  Schneider,  May  26,  1868. 

c Mr.  Oakley  having  removed  from  the  Third  Ward,  his 
seat  was  declared  vacant,. and  John  B.  Krudop  elected 
in  his  seat,  and  qualified  November  12,  1868. 


34 


I.AWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  FRANKLIN  P.  RANDALL,  Mayor 


SAMUEL  P.  FREEMAN,  City  Ceerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


Jacob  C.  Bowser 
T.  Hogan 

G.  W.  Brackenridge 
George  Jacoby 
O.  E.  Brad  way 
George  Link 
A.  H.  Carrier 
N.  H.  Milder 


George  Doerfler 
J.  R.  Prentiss 
Michael  Hedekin 

M.  F.  SCHMETZER 
J.  D.  Hance 
Henry  Trier 
T.  J.  Hutchinson 
Williaim  Waddington 


CITY  OFFICERS 


Christian  Piepenbrink 
Allen  Zollars 
Patrick  TvIcGee  . 

E.  C.  Pens  . 

B.  L.  P.  Willard 

C.  S.  Brackenridge 
Thomas  Mannix 
William  Schneider 

F.  R.  Limecooly 
Patrick  McGee  . 


City  Treasurer 
Attorney 
Marshal 
Assessor 

Street  Commissioner 
Civil  Engineer 
Chief  Engineer 
Marketmaster 
Captain  of  Police  ( 1869) 
Captain  of  Police  ( 1870) 


CITY  OFFICKKS. 


35 


BOARD  OF  HEALTH 

Dr.  I.  N.  RosfnthaIv  Dr.  A.  J.  Erwin 

Dr.  W.  H.  Myers 


TRUSTEES  OF  FUP»LIC  SCHOOLS 

Oliver  P.  Morgan  Dr.  John  S.  Irwin 

Edward  Slocum  a 

a Pliny  Hoaj:^land  filled  iinexpired  term. 


36 


LAWvS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  FRANKLIN  P.  RANDALL,  Mayor 


SAMUEL  P.  FREEMAN,  City  Clerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


O.  E.  Bradway 

A.  H.  Carrier 
William  Ei slier 
T.  Hogan 

O.  P.  Morgan 
William  Tegtmeyer 

B.  H.  Tower 

C.  II . Wilson 


John  Bull 
L.  Dessauer 
J.  S.  Goshorn 
Samuel  Hanna 
John  Schoepf 
Conrad  Tremmel 
P.  S.  Fender  hill 
Wirj.iAM  Waddington 


CITY  OEFICERS 


John  A.  Droegemeyer 
Allen  Zollars 

C.  S.  Brackenridge 
Thomas  Mannix 
Charles  Uplegger 

D.  Meyer  . 

M.  Singleton 
William.  Nchneider 
P).  L.  P.  Williard 


City  Treasurer 
Attorney 
Civil  Engineer 
Chief  Engineer 
Marshal 

Captain  of  Police  ( 1871 ) 
Captain  of  Police  ( 1869) 
Marketmaster 
Street  Commissioner 


TRUSTEES  OF  PUBLIC  SCHOOLS 

Dr.  John  S.  Irwin 
Pliny  Hoagland 


Oliver  P.  Morgan 


CITY  OFFICERS. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


SAMUEL  P.  EREEMAN,  City  Ceerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


H.  N.  Putnam 
Mont.  Hamilton 
L.  Dessauer 
Charles  McCulloch 
Christian  Becker 
Timothy  Hogan 
George  Jacoby 
Henry  Schone 
Henry  Stoll 


W H,  L I A M M c Ke  A N 
O.  P.  Morgan 
William  Meyer 
William  McPhail 
Peter  Hohnhaus 
John  Schoepf 
John  Iten 
Henry  Schnelker 
Jaihes  Lilue 


CITY  OFFICERS 


John  A.  Drogemeyer 

L.  Newberger 

C.  S.  Brackenridge 
Frank  B.  Vogel 
CiiRiSTOT'iiER  Kelly 

M.  Singleton 
William  Schneider 
Henry  Trier 


City  Treasurer 
Attorney 
Civil  Engineer 
Chief  Engineer 
Marshal 

Captain  of  Police 
IMarketmaster 
.Street  Commissioner 


BOARD  OF  HEALTH 

Dr.  I.  N.  Rosenthal  Dr.  J.  M.  Josse 

Dr.  W.  H.  Myers 


TRUSTEES  OF  PUBLIC  SCHOOLS 
A.  P.  Edgerton  Dr.  John  S.  Irwin 

Pliny  Hoagland 


38 


I.AWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


JOHN  M.  GODOWN,  City  Clerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


W.  T.  McNean 
H.  N.  Putnam 
M.  Hamilton 
Christian  Hettler 
E.  L.  Chittenden 
William  Meyer 
Charles  McCulloch 
Henry  Graffe 
George  H.  Wilson 


Peter  Hohnhaus 
Timothy  Hogan 
Nicholas  DeWald 
John  Iten 
Conrad  Tremmel 
Henry  Schone 
Henry  Schnelker 
Henry  Stoll 
Christian  Schaffer 


CITY  OEEICERS 


Charles  M.  Barton 
C.  S.  Brackenridge 
Thomas  Mannix 
Christoplier  Kelly 
M.  Singleton 
Martin  Schram 
Henry  "ITier 
L.  Newberger 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
IMarshal 

Captain  of  Police 
Alarketmaster 
Street  Commissioner 
Attorney 


BOARD  OE  HEALTH 

Dr.  T.  J.  Dills  Dr.  J.  M.  Josse 

Dr.  Th.  Heuchling 


TRUSTEES  OE  PUBLIC  SCHOOLS 
A.  P.  Edgerton  Dr.  John  S.  Irwin 

Pliny  Hoagland 


CITY  OFFICERS. 


39 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


JOHN  M.  GODOWN,  City  Cferk 


MEMBERS  OE  THE  COMMON  COUNCIL 


W.  T.  McKean 
H.  N.  Putnam 
J.  B.  White 
Christian  Hetteer 
E.  L.  Chittenden 
jMichaee  Baltes 
Charees  a.  Munson 
Henry  Graffe 
George  H.  Wieson 


D.  L.  Harding 
Timothy  Hogan 
Nichoeas  DeWaed 
SiEAS  Tam 
Conrad  Tremmee 

E.  M.  Wieeenberg 
Henry  Schneeker 
John  Wiekinson 
Christian  Schaffer 


CITY  OEEICERS 


Charees  M.  Barton 
John  Ryaee 
Erank  B.  Vogee  . 
Christopher  Keeey 
M.  SiNGEETON 
Martin  Schram 
Conrad  Baker 
Aeeen  Zoeears 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Marshal 

Captain  of  Police 
Marketmaster 
Street  Commissioner 
Attorney 


TRUSTEES  OE  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Peiny  Hoageand 


40 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


JOHN  M.  GODOWN,  City  Clerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


W.  T.  McKean 
H.  N.  Putnam 
Christian  Hettler 
J.  B.  White 
E.  L.  Chittenden 
M.  Baltes 

C.  E.  Muhler 
E.  Zarbaugh 

D.  L.  Harding 


W.  H.  Withers 
Timothy  Hogan 
D.  B.  Strope 
Joshua  Holmes 
Silas  Tam 
Henry  Schnelker 
F.  M.  Willenberg 
John  Wilkinson 
Charles  F.  Pfeiffer 


CITY  OFFICERS 


Charles  M.  Barton 
John  Ryall 
Frank  B.  Vogel  . 
Christopher  Kelly 
Hugh  M.  Diehl  . 
Conrad  Baker 
William  Schneider 
Allen  Zollars 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
JMarshal 

Captain  of  Police 
Street  Commissioner 
Marketmaster 
Attorney 


TRkrSTEES.OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Pliny  Hoagland 


CITY  OFFICERS. 


41 


ROSTER  OF  CITY  OFFICERS 


HON.  C A.  ZOLLINGER,  Mayor 


JOHN  M.  GODOWN,  City  Clerk  a 


MEMBERS  OE  THE  COMMON  COUNCIL 


Sol  D.  Bash, 

James  Breen 
E.  L.  Chittenden 
M.  Cody 
A.  T.  Dreyer 
James  E.  Graham 
Ceiristian  Hetteer 
Timothy  Hogan 
Joshua  Holmes 


C.  H.  Leinker 

C.  F.  Muliler 

. Charles  F.  Pfeiffer 
H.  N.  Putnam 
Charles  Reese 
Henry  Schnelker 

D.  B.  S TROPE 

W.  H.  Withers 

E.  Zarp>augh 


CITY  OFFICERS 


Charles  M.  Barton 
John  Ryall 
Frank  B.  Vogel  . 
Christopher  Kelly 
Hugh  M.  Diehl  . 
Dennis  O’Brien 
William  Schneider 
Henry  Colerick  . 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Marshal 

Captain  of  Police 
Street  Commissioner 
Marketmaster 
Attorney 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

PLmY  Hoagland 

a John  H.  Hartman,  Clerk-elect,  took  his  office  on  the  first 
Monday  m September. 


42 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


JOHN  H.  TRENTMAN,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Sol  D.  Bash 
James  Breen 
E.  L.  Chittenden 
M.  Cody 
A.  T.  Dreyer 
Louis  Fox 
James  E.  Graham 
Christian  Hettler 
Timothy  Hogan 


Joshua  Holmes 
C.  H.  Leinker 
F.  H.  McCulloch 
C.  F.  Muhler 
H.  N.  Putnam 
Charles  Reese 
J.  M.  Reidmiller 
J.  W.  Vordermark 
John  Wilkinson 


CITY  OFFICERS 


Charles  M.  Barton 
John  Ryall 
Frank  B.  Vogel  . 
Henry  Colertck  . 
Christopher  Kelly 
E.  B.  Smith 
Dennis  O’Brien 
William  Schneider 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Attorney 
IMarshal 

Captain  of  Police 
Street  Commissioner 
Marketmaster 


TRPJSTEES  OF  PUBLIC  SCHOOLS 

O.  P.  Morgan 
Pliny  Hoagland 


A.  P.  Edgerton 


CITY  OFFICERS. 


43 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOI.LINGER,  Mayor 


JOHN  H.  TRENTMAN,  City  Clerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


Sol  D.  Bash 
E.  L.  Chittenden 
A.  T.  Dreyer  b 
Louis  Eox 
M.  BIamilton 
Christian  Hettler 
Joshua  Holmes 
/oHN  Lillie,  Jr. 

E.  H.  ^IcCuLLOCH 


John  Mohr,  Jr. 

C.  E.  Muhler 
H.  N.  Putnam  c 
Charles  Reese 
J.  IM.  Reidmiller 
James  Ryan 
J.  W.  Vordermark 
John  H.  Welch 
John  Wilkinson 


CITY  OEFICERS 


Charles  M.  Barton 
John  W.  Ryall  a 
Frank  B.  Vogel  . 
Henry  Colerick  . 
Hugh  M.  Diehl  . 

E.  B.  Smith 
Dennis  O’Brien. 
Martin  Schram 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Attorney 
Marshal 

Captain  of  Police 
Street  Commissioner 
Alarketmaster 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Pliny  Hoagland 


44 


Laws  AND  ORDINANCES. 


TRUSTEES  OE  WATER  WORKS 

Christian  Boseker  Charles  McCulloch 

Henry  Monning 

a Died  IMarch  ii,  1879,  and  C.  S.  Brackenridge  oppointed. 

by  Council  March  ii,  1879,  to  fill  vacancy. 
h Died  November  10,  1879,  and  John  Noll  elected  Decem- 
ber 2,  1879,  to  fill  vacancy. 

c Died  June  13,  1879,  and  W.  T.  McKean  elected  to  fill 


vacanev. 


CITY  OFFICERS. 


45 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


JOHN  H.  TRENTMAN,  City  Clerk 


MEMBERS  OE  T: 

Sol  D.  Bash 

L.  Brames 
Louis  Eox 

M.  Hamilton 
Christian  Hettler 
John  Lillie,  Jr. 

E.  LT.  McCulloch 
John  Mohr,  Jr. 

C.  F.  Muhler 


CITY 

Charles  M.  Barton 
C.  S.  Brackenridge 
Frank  B.  Vogel  . 

Henry  Colerick 
Hugh  M.  Diehl  . 

E.  B.  Smith 
Dennis  O’Brien 
^Iartin  Schram 
John  C.  Maier  a 


COMMON  COUNCIL 

John  Noll 
Charles  Reese 
J.  M.  Reidmiller 
James  Ryan 
J.  W.  Vordermark 
John  Welch 
John  Wessel.  Sr. 
A.  Wolf 

John  Wilkinson  b 


OFFICERS 

City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Attorney 
Marshal 

Captain  of  Police 
. . Street  Commissioner 
Marketmaster 
Assessor 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Max  Nirdlinger 


46 


LAWS  AND  ORDINANCES. 


TRUSTEES  OE  WATER  WORKS 

Charles  McCulloch  Henry  Monning 

Christian  Boseker 

a Died  July  5,  1880,  and  Louis  Jocquel  elected  by  Council 
July  14,  1880,  to  fill  vacancy. 

b Resigned  September  14,  1880,  and  Charles  Pape  elected 
to  fill  vacancy. 


CITY  OFFICERS. 


47 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOL.LINGER,  Mayor 


JOHN  N.  TRENTMAN,  City  Clerk  a 


MEMBERS  OE  THE  COMMON  COUNCIL 


Ered  C.  Boltz 

L.  Brames 

E.  L.  Chittenden 
William  Doeiir^ian 
Louis  Eox 

M.  Hamilton 
Christian  Hettler 
E.  BI.  McCulloch  b 
John  Mohr,  Jr. 


C.  E.  Muhler 
Charles  Pape 
Charles  Reese 
J.  M.  Reidmiller 
J.  W.  VoRDERMARK 
John  Welch 
John  Wessel.  Sr. 
P.  J.  Wise 
A.  Wolf 


CITY  OEEICERS 


Charles  M.  Barton 
C.  S.  Brackenridge 
Henry  Colerick  . 
Erank  B.  Vogel  . 
Erank  Ealker 
E.  B.  Smith 
Dennis  O’Brien 
Martin  Schraai 
Louis  Jocouel 


City  Treasurer 

Civil  Engineer 

Attorney 

Chief  Engineer 

Marshal 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Assessor 


TRUSTEES  OE  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Max  Nirdlinger 


48 


I.AWS  AND  ORDINANCES. 


TRUSTEES  OE  WATER  WORKS 

Henry  Monning  Christian  Boseker 

Charles  McCuieoch 

a Succeeded  by  W.  W.  Rockhill,  September  5. 
b Resigned  August  20,  and  William  Yergens  elected 
.September  27,  1881,  to  fill  vacancy. 


CITY  OFFICERS. 


49 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


George  J.  Alter 
Fred  C.  Boltz 

L.  Brames 

E.  L.  Chittenden  b 
William  Doehrman 

M.  Hamilton 
Christian  Hettler  c 
Herman  Michael 

C.  F.  Muhler 


Charles  Pape 
Charles  Reese 
J.  Sion  Smith 
J.  W.  VoRDERMARK 
John  Welch 
John  Wessel,  Sr. 
P.  J.  Wise 
A.  Wolf 

William  Yergens 


CITY  OFFICERS 


Charles  M.  Barton 
Henry  Hilbrecht 
Henry  Colerick  . 
Frank  Falker 
Hugh  M.  Diehl  . 
Dennis  O’Brien 
William  Henze  a 
Louis  Jocouel 
Dr.  W.  H.  Myers 


City  Treasurer 

Civil  Engineer 

Attorney 

Marshal 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Assessor 

Health  Officer 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Max  Nirdlinger 


50 


LAWS  AND  ORDINANCES. 


TRUSTEES  OE  WATER  WORKS 

Christian  Boseker  Charles  McCulloch 

James  Breen 

a Deposed  December  12,  1882. 

b Resigned  December  26,  1882,  to  accept  a seat  in  the 
Legislature  and  vacancy  continued. 
c Resigned  January  23,  1883,  vacancy  continued. 


city  officers 


51 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Fred  C.  Boltz 

L.  Brames 

William  Doehrman 

M.  Hamilton 
Christian  Kramer 
S.  C.  Lombard 
Herman  Michael 
John  Mohr,  Jr. 
Terrence  Martin 


Charles  Pape 
J.  M.  Reidmiller 
J.  Sion  Smith 

J.  W.  VORDERMARK 

John  Welch 
John  Wessel,  Sr. 
A.  Wolf 
James  Woulfe 
William  Yergens 


CITY  OFFICERS 


Henry  C.  Berghoff 
W.  S.  COSHORN 
Henry  Hilbrecht 
Henry  Colerick  . 
Frank  Falker 
Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
Martin  Schram 
Louis  Jocquel 
Dr.  Theo.  Heuchling  . 


City  Treasurer 

Civil  Engineer 

Chief  Engineer 

Attorney 

Marshal 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Assessor 

Health  Officer 


TRUSTEES  OF  PUBLIC  SCHOOLS 
A.  P.  Edgerton  O.  P.  Morgan 

Max  Nirdlinger 

TRUSTEES  OF  WATER  WORKS 
Charles  McCulloch  James  Breen 

John  F.  W.  Meyer 


52 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Fred  C.  Boltz 
George  Ely 
William  Doehrman 
M.  Hamilton 
Christian  Kramer 
John  C.  Kensill 
Edmund  Lincoln 
S.  C.  Lumbard 
Terrence  Martin 


Herman  Michael 
John  Mohr,  Jr. 

J.  R.  Prentiss 
J.  M.  Reidmiller 
Peter  J.  Scheid 
J.  W.  Vordermark 
John  Welch 
A.  Wolf 
James  Woulfe 


CITY  OFFICERS 


Henry  C.  Berghoff 
W.  S.  Goshorn  a 
Henry  Hilbrecht 
PIenry  Colerick  . 
Frank  Falker  b 
Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
Martin  Schram  . 
Louis  Jocouel 
Dr.  T.  Huechling  c 
Dr.  S.  C.  Metcalf 


City  Treasurer 

Civil  Engineer 

Chief  Engineer 

Attorney 

Marshal 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Assessor 

Health  Officer 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

Max  Nirdijnger 


CITY  OFFICEKvS. 


53 


TRUSTEES  OE  WATER  WORKS 

James  Breen  John  F.  W.  Meyer 

Charles  McCulloch 

a Resigned  March  ii,  1884,  Jesse  R.  Straughan 

appointed  same  day. 

b Resigned  March  ii,  1884,  and  Diedrick  Meyer  appointed 
same  day. 

c Office  declared  vacant  l)y  Council  and  Dr.  S.  C.  Metcalf 
elected  to  fill  vacancy. 


54 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  CHARLES  F.  MUHLER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMBERS  OF  THE  COIMMOX  COLNCIL 


William  Doehrman 
George  Ely 
Anthony  Kelker 
John  C.  Kensill 
Christian  Kramer 
Edmund  Lincoln 
Herman  Michael 
John  Mohr,  Jr. 

J.  R.  Prentiss 


Am  IE  Racine 
Peter  J.  Scheid 
J.  A.  M.  Storm 
F.  D.  Swartz 
Christian  Tresselt 
J.  W.  Vordermark  a 
John  Wessel,  Jr. 

A.  Wolf  b 
James  Woulfe 


CITY  OFFICERS 


Henry  C.  Berghoff 
J.  S.  Goshorn 
Henry  Hilbrecht 
Henry  Colerick  . 
Diedrich  Meyer  . 
Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
William  Ropa 
IMtrick  Ryan 
Dr.  S.  C.  Metcalf 


City  Treasurer 
Civil  Engineer 
Chief  Engineer 
Attorney 
Marshal 
Chief  of  Police 
Street  Commissioner 
Marketmaster 
Weighmaster 
Health  Officer 


TRUSTEES  OF  PUBLIC  SCHOOLS 

O.  P.  Morgan 
Max  Nirdlinger 


A.  P.  Edgerton 


city  officers. 


55 


TRUSTEES  OE  WATER  WORKS 

John  F.  W.  Meyer  Charees  McCulloch 

T.  B.  Hedekin 

a Resigned,  and  Frank  Gocke  elected  to  fill  vacancy. 
b Resigned,  and  H.  A.  Read  elected  to  fill  vacancy. 


56 


LAWS  AND  ORDINANCES 


ROSTER  OF  CITY  OFFICERS. 


HON.  CHARLES  F.  MUHLER,  Mayor 


W.  W.  ROCKPHLL,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


C.  H.  Buttenbender 
William  Doehrman 
George  Ely  a 
Levi  Griffith 
Chari, ES  F.  Haiber 
JoFiN  C.  Kensill 
Anthony  Keeker 
Christian  Kramer 
Herman  Michael 


Dennis  Monahan 
Amie  Racine 
H.  A.  Read 
Peter  J.  Scheid 
J.  A.  M.  Storm 
F.  D.  Swartz 
C.  Tresselt 
John  Wessel,  Jr. 
James  Woulfe 


CITY  OFFICERS 


H ENRY  C.  Berg  HOFF 
J.  S.  Goshorn 
Henry  Hilbrecht 
Hkne>v  Colkkick 
Diedrich  Meyer  . 
Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
Wicliam  Ropa 
C II arises  Reese 
Patrick  Ryan 
Philip  Munch 
Dr.  S.  C.  Metcalf 


City  Treasurer 

Civil  Engineer 

Chief  Fire  Department 

Attorney 

Marshal 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Assessor 

Weighmaster 

Ponndmaster 

Health  Officer 


CITY  OFFICERS. 


57 


TRUSTEES  OE  PUBLIC  SCHOOLS 

A.  P.  Edgerton  O.  P.  Morgan 

John  M.  Moritz 


TRUSTEES  OE  WATER  WORKS 

Charees  McCuleocii  T.  H.  HedekIxN 

John  E.  W.  Meyer 

a The  election  of  George  W.  Ely  was  contested  in  the 
court,  and  Milton  N.  Webber  declared  elected 
September  28,  1886. 


58 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  CHARL.es  F.  MUHLER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMIJERS  OF  THE  COMMON  COUNCIL 

C.  H.  B LTTE N BENDER 


William  Doehrman 
Levi  Griffith 
Louis  Hazzard 
Charles  F.  Haiber 
Anthony  Kelker 
John  C.  Kensill 
1 ) A N I EL  La  h m e yer 
WiEUAM  D.  Meyer 


Herman  Michael 
Dennis  Monahan 
H.  A.  Read 
Peter  J.  Scheid 
C.  Tresselt  a 
J.  J.  Williams 
JoHxN  Wessel,  Jr. 
James  Woulfe 
I\r.  N.  Weber 


CITY  OFFICERS 


Henry  C.  B erg h off 
J.  S.  Goshorn 
Henry  Hilbrecht 
Henry  Colerick  . 
Diedrich  Meyer  . 
Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
William  Rob  a 
Patrick  Ryan 
IM.  Miller  . 

Dr.  S.  C.  Metcalf 


City  Treasurer 

Civil  Engineer 

Chief  Fire  Department 

Attorney 

Marshal 

Chief  of  Police 

Street  Commissioner 

iMarketmaster 

WTn'ghmaster 

['onndmaster 

] lealth  Officer 


CITY  OFFICERS. 


59 


TRUSTEES  OE  PUBLIC  SCHOOLS 


A.  P.  Edgerton 

0.  P.  AI ORGAN 
John  M.  Moritz 

TRUSTEES  OF  WATER  WORKS 


T.  B.  Hedekin 

John  F.  W.  Meyer 
E.  B.  Kunkle 

a The  election  held  May  3 for  Councilman  in  the  Second 
Ward  resulted  in  a tie  between  C.  Tresselt  and  D. 
Shordon.  At  a special  election  held  June  8,  Daniel 
Shordon  was  elected. 


60 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  CHARLES  F.  MUHLER,  Mayor 


W.  W.  ROCKHILL,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


F.  W.  Bandt 
William  Doehrman 
George  W.  Ely 
Charles  F.  Haiber 
Louis  Hazzard 
Louis  P.  Huser 
Anthony  Kelker 
John  C.  Kensill 
Henry  Hilbrecht 


CITY 

Henry  C.  Berghoff 
J.  S.  Goshorn 
Henry  Hilbrecht 
Henry  Colerick  . 
Diedrich  Meyer  . 

Hugh  M.  Diehl  . 
Dennis  O’Brien  . 
William  Ropa 
Charles  Reese 
Patrick  Ryan 
Fred  Woeii nicer 
Dr.  S.  C.  Metcalf 


William  D.  Meyer 
H.  A.  Read 
Peter  J.  Scfieid 
Fred  Schmuckle 
D.  Shordon 
John  Smith 
John  Wessel,  Jr. 
James  Woulfe 
J.  J.  Williams 


OFFICERS 

City  Treasurer 
Civil  Engineer 
Chief  Fire  Department 
Attorney 
Marshal 
Chief  of  Police 
Street  Commissioner 
Marketmaster 
Assessor 
Weighmaster 
lYundmaster 
Health  Officer 


CITY  OFFICERS. 


61 


TRUSTEES  OE  PUBLIC  SCHOOLS. 

O.  P.  Morgan  John  M.  Moritz 

A.  E.  Hoffman 


TRUSTEES  OE  WA  , ER  WORKS 

Charles  McCulloch  Christian  Boseker 

Henry  Monning' 


62 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1^00. 


HON.  DANIEL  L.  HARDING,  Mayor 


RUDY  C.  REINEWALD,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Henry  Hilbrecht,  Sr. 
L.  P.  Huser 
H.  F.  Hilgeman 
John  C.  Kensill 
William  D.  Meyer 
V.  Ofenloch 
H.  A.  Read 
Peter  J.  Scheid 
Fred  Schmuckle 
John  Smith 


F.  W.  Bandt 
William  Bruns 
M.  Cody 
Robert  Cran 
George  W.  Ely 
J.  L.  Gruber 
George  P.  Gordon 
Cliarles  F.  Haiber 
Louis  Hazzard 
H.  P.  VORDERMARK 


CITY  OFFICERS 


Charles  J.  Sosenheimer 
Henry  C.  Franke 
Charles  Reese 
Henry  Colerick  . 

C.  S.  Brackenridge  . .l 
Henry  Hilbrecht 
Frank  Wilkinson 
Dennis  O’Brien  . 

Dr.  S.  C.  Metcalf 
William  Ropa 
Henry  Schoppman 
Patrick  Ryan 


City  Treasurer 

Marshal 

Assessor 

Attorney 

Civil  Engineer 

Chief  Fire  Department 

Chief  of  Police 

Street  Commissioner 

Health  Officer 

Marketmaster 

Poimdmaster 

Weighmaster 


CITY  OFFICERS. 


63 


TRUSTEES  OE  PUBLIC  SCHOOLS 

O.  P.  Morgan  J-  M.  Moritz 

A.  E.  Hoffman 


TRUSTEES  OF  WATER  WORKS 

Christian  Boseker  Henry  Monning 

Charles  McCulloch 
P.  J.  McDonald,  Clerk 


64 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

l^QO  1^01. 


HON.  DANIEL  L.  HARDING,  Mayor 


RUDY  C.  REINEWALD,  City  Clerk 


MEMBERS  OE  THE  COMMON  COUNCIL 


L.  P.  Huser 
H.  F.  Hilgeman 
William  D.  Meyer 
William  Meyer,  Jr. 
Herman  Michael 
V.  Ofenloch 
John  Schaffer 
Peter  J.  Scheid 
John  Smith 
Henry  Hilbrecht  Sr. 


M.  Cody 
Robert  Cran 
Fred  Dalman 
Frank  Delegrange 
George  W.  Ely 
George  P.  Gordon 
J.  L.  Gruber 
Louis  Hazzard 
John  Smith 
H.  P.  Vordermark 


CITY  OFFICERS 


Charles  J.  Sosenheimer 
Henry  C.  Franke 
Charles  Reese 
Henry  Colerick  . 

C.  S.  Bkackenridge  . 
O.  B.  Wiley 
Henry  Hilbrecht 
Frank  Wilkinson 
Dennis  O’Brien  . 
William  Ropa 
Patrick  Ryan 
Henry  Shoppman 

(to  May  15,  1890.) 


City  Treasurer 
Marshal 
Assessor  a 
Attorney 
Civil  Eng-ineer  h 

it  a 

Chief  Fire  Department 
Chief  of  Police 
Street  Commissioner 
Marketmaster 
Weighmaster 
Poimdmaster  d 


CITY  OFFICERS. 


65 


WiFFiAM  Rippe  . 

Poundmaster  c 

(to  Nov.  1,  1890.) 

Henry  Shoppman 

(to  May,  1891.) 

“ c 

TRUSTEES  OE  WATER  WORKS 

Charles  McCulloch 

Henry  Monning  d 

Christian 

Boseker 

J.  Sion  Smith 

P.  J.  McDonald,  Clerk 

d Died  July  29,  1889,  J-  Sion  Smith  elected  by  the 
Common  Council  August  13,  1889,  to  fill  vacancy. 
a Assessor’s  office  abolished  by  the  act  of  Legislature 
March,  1889. 

b C.  S.  Brackenridge  resigned  June  10,  1889. 
c Mr.  Rippe  resigned  November  i,  1889.  Henry  Schopp- 
man  appointed  by  the  Mayor  to  fill  the  unexpired 
term. 


66 


LAWS  AND  OKDINANCKS. 


ROSTER  OF  CITY  OFFICERS 

1^01— 


HON.  C.  A.  ZOLLINGER,  Mayor 


RUDY  C.  REINEWALD,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Fred  C.  Boltz 
Charles  H.  Buck 
M.  Cody 
Fred  Dalman 
Frank  Delegrange 
Peter  Eggeman 
George  W.  Ely 
Louis  Fox 
Louis  Hazzard 
L.  P.  Huser 


Anthony  Kelker 
Philip  Keintz 
William  D.  Meyer 
F.  C.  Meyer 
William  Meyer,  Jr. 
Herman  Michael 
John  Schaffer 
Peter  J.  Scheid 
H.  P.  Scherer 
John  Smith 


CITY  OFFICERS 


Charles  J.  Sosenheimer 
Henry  C.  Franke 
W.  H.  Shambaugh 
Frank  M.  Randall 
Henry  Hilbrecht 
Frank  Wilkinson 
John  J.  Mungen 
William  Ropa 
William  Bock 
Patrick  Ryan 
Dr.  L.  T.  Sturgis 

(to  Jan.  13,  1891.) 

Dr.  S.  C.  Metcalf 

(from  Jan.  13,  1891.) 


City  Treasurer 

Marshal 

Attorney 

Civil  Engineer 

Chief  Fire  Department 

Chief  of  Police 

Street  Commissioner 

Marketmaster 

Poundmaster 

Weighmaster 

Secretary  Board  Health 

((  ((  (( 


CITY  OFFICIiRS. 


67 


TRUSTEES  OF  WATER  WORKS 

Christian  Boseker  Charees  McCueeoch 

WiEEiAM  Bitteer 
P.  J.  McDonaed,  Clerk 


TRUSTEES  OF  PUBLIC  SCHOOLS 

J.  M.  Moritz  O.  P.  Morgan 

E.  A.  Hoffman 


68 


Laws  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  C.  A.  ZOLLINGER,  Mayor 


RUDY  C.  REINEWALD,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


Charles  H.  Buck 
M.  Cody 

Thomas  DeVilbiss 
Peter  Eggeman 
Louis  Fox  a 
R.  B.  Hanna 
Louis  Hazzard 
Anthony  Kelker 
Philip  Keintz 
William  McClelland 


William  D.  Meyer 
William  Meyer,  Jr. 
F.  C.  Meyer 
Herman  Michael 
C.  B.  Oakley 
William  L.  Pettit 
Peter  J.  Scheid 
H.  P.  Scherer 
I].  W.  Skelton 
Palu.  E.  Wolf 


CITY  OFFICERS 


Charles  J.  Sosenheimer 
Henry  C.  Franke 
W.  H.  Shambaugh 
Frank  M.  Randall 
Henry  Hilbrecht 
Frank  Wilkinson 
Henry  Lapp 
William  Borgman,  Jr. 
John  J.  Mungen 
Patrick  Ryan 
William  Ropa 
William  Bock,  Sr. 

Dr.  S.  C.  Metcalf 


City  Treasurer 

Marshal 

Attorney 

Civil  Engineer 

Chief  Fire  Department 

Chief  of  Police 

Lieutenant  of  Police 

Sergeant  of  Police 

Street  Commissioner 

Weighmaster 

Marketmaster 

Poiindmaster 

Sec.  Board  of  Health 


CITY  OFFICERS. 


69 


TRUSTEES  OF  PUBLIC  SCHOOLS 

O.  P.  Morgan  J.  M.  Moritz 

A.  E.  Hoffman 

« Louis  Fox  removed  from  Sixth  ward,  vacancy  unfilled. 


70 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1^03-1^04. 


HON.  C.  A.  ZOLLINGER,  Mayor  a 


RUDY  C.  REINEWALD,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


William  D.  Meyer 
R.  B.  Hanna 
M.  Cody 

Herman  Michael  b 
Peter  Eggeman 
William  Meyer,  Jr. 
Anthony  Kelker 

B.  W.  Skelton 
Charles  H.  Buck 

C.  B.  Oakley 


James  Conroy 
William  L.  Pettit 
Philip  Keintz 
Peter  J.  Scheid 
H.  P.  Scherer  c 
Paul  E.  Wolf 
Louis  Hazzard 
William  McClelland 
Charles  F.  Meyer 
Thomas  DeVilbiss 


CITY  OFFICERS 


Charles  J.  Sosenheimer 
Henry  C.  Franke 
W.  H.  Shambaugh 
Frank  M,  Randall 
Frank  Wilkinson 
Henry  Lapp 
William  Borgman 
Henry  Hilbrecht 
John  J.  Mungen 
Patrick  Ryan 
William  Ropa 
William  Bock,  Sr. 

Dr.  j.  E.  Miller  . 


City  Treasurer 

Marshal 

City  Attorney 

Civil  Engineer 

Chief  of  Police 

Lieutenant  of  Police 

Sergeant  of  Police 

Chief  Fire  Department 

Street  Commissioner 

Weighmaster 

Marketmaster 

Poundmaster 

Sec.  Board  of  Health 


CITY  OFFICERS. 


71 


TRUSTEES  OE  WATER  WORKS 

William  Bittler  Charles  McCulloch 

Henry  C.  Graffe 
P.  J.  McDonald,  Clerk 

TRUSTEES  OE  PUBLIC  SCHOOLS 


J.  M.  Moritz 

0.  P.  Morgan 
A.  E.  Hoffman 

a Died  December  28,  1893. 
h Resigned  January  23,  1894. 

c Elected  Mayor  January  9,  1894,  to  fill  unexpired  term. 


72 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  CHAUNCEY  B.  OAKLEY,  Mayor 


WILLIAM  T.  JEFFERIES,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


COUNCILMKN  AT  LARGE: 

R.  J.  Fisher  John  Mohr,  Jr. 

Charles  Griebel  C.  H.  Waltemath 

E.  H.  McDonald 


WARD 

W.  H.  Tigar 
H.  G.  Sommers 

G.  H.  Loesch 
A.  Kelker 

H.  Hild 


councilmen: 

W.  M.  Glenn 
Peter  J.  Scheid 
Paul  E.  Wolf 
John  T.  Young 
B.  Borkenstein 


CITY  OFFICERS 


James  H.  Simonson 

B.  F.  Ninde 
Frank  M.  Randall 
James  Ligget 
William  Borgman 
Henry  Lapp 

Fred  Daseler 
Frank  Jewell 
Henry  Hilbrecht 

C.  A.  Doswell 
Nelson  Thompson 


City  Comptroller 
City  Attorney 
Civil  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 
Sergeant  of  Police 

U i<  (( 

Chief  Fire  Department 
Custodian  of  Parks 
Street  Superintendent 


CITY  OFFICERS. 


73 


James  Brice 

L.  C.  Hoelenbacher  . 


Foreman  Street  Repairs 
Weighmaster 


WiELiAM  Ropa  . . . Marketmaster 

W.  H.  BrowivT  . . . Poundmaster 


BOARD  OF  PUBLIC  WORKS 

Thomas  D.  DeViebiss  Levi  Griffith 

WiEEis  Hatterseey 


“BOARD  OF  PUBLIC  SAFETY 

Charees  S.  Bash  David  N.  Foster  a 

R.  B.  Rossington 


BOARD  OF  HEALTH  AND  CHARITIES 

G.  B.  Stemen,  M.  D.,  Secretary  Jacob  Hetrick,  M.  D. 
Aaron  E.  VanBuskirk,  M.  D. 

A.  J.  You,  Clerk  of  Official  Boards 


TRUSTEES  OE  WATER  WORKS 
Charees  McCueeoch  Henry  C.  Graffe 


TRUSTEES  OE  PUBLIC  SCHOOLS 

J.  M.  Moritz  O.  P.  Morgan 

A.  E.  Hoffman 

John  S.  Irwin,  Superintendent  of  Schools 

a D.  N.  Eoster  resigned.  Rudolph  Steger  appointed 
August  14  to  serve  unexpired  term. 


WiEEiAM  Bitteer 


P.  J.  McDonaed,  Clerk 


74 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  CHAUNCEY  B.  OAKLEY,  Mayor 


WILLIAM  T.  JEEEERIES,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 

COUNCILMEN  AT  LARGE 

R.  J.  Fisher  Charles  Griebel 

John  Mohr,  Jr.  C.  H.  Waltemath 

E.  H.  McDonald 


WARD 

W.  H.  Tigar 
H.  G.  Sommers 

G.  H.  Loesch 
A.  Kelker 

H.  Hild 


COUNCILMEN 

W.  M.  Glenn 
Peter  J.  Scheid 
Paul  E.  Wolf 
John  T.  Young 
B.  Bor  KEN  STEIN 


CITY  OFFICERS 


James  H.  Simonson 
John  M.  Evans  . 

B.  F.  Ninde 
Frank  M.  Randall 
James  Ligget 
William  Borgman 
Henry  Lapp 
Frank  Jewell 
Fred  Daseler 
Henry  Hilbrecht 

C.  A.  Dos  WELL 
Nelson  Thompson 
James  Brice 


City  Comptroller 
Deputy  City  Comptrollei 
City  Attorney 
Civil  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 
Sergeant  of  Police 

((  (C  u 

Chief  Fire  Department 
Custodian  of  Parks 
Street  Superintendent 
Foreman  Street  Repairs 


city  officers. 


75 


L.  C.  Hoflenbacher  . 
WiLFIAM  RoPA 
W.  H.  Brown 


Weighmaster 

Marketmaster 

Poundmaster 


BOARD  OF  PUBLIC  WORKS 

Thomas  D.  DeViebiss  Levi  Griffith  h 

WiFUS  Hattersfey  c 


BOARD  OF  PUBLIC  SAFETY 

Charfes  S.  Bash  Rudofpfi  Steger 

R.  B.  Rossington 


BOARD  OF  HEALTH  AND  CHARITIES. 

G.  B.  Stemen,  M.  D.,  Secretary  Jacob  Hetrick,  M.  D. 
Aaron  E.  VanBuskirk,  M.  D. 


A.  J.  You,  Clerk  of  Official  Boards 


TRUSTEES  OF  WATER  WORKS 

Charfes  McCuffoch  Henry  C.  Graffe  a 

WiFFiAM  Bittfer 

P.  J.  McDonafd,  Clerk 


TRUSTEES  OF  PUBLIC  SCHOOLS 

S.  M.  Foster  O.  P.  Morgan 

A.  E.  Hoffman 

a Henry  C.  Graffe  died  January  i,  1896.  Theo.  H.  Haber- 
korn  appointed  to  serve  imexpired  term. 
b Levi  Griffith  resigned.  William  H.  McClelland  appointed 
October  23,  1895,  to  serve  unexpired  term. 
c Willis  Hattersley  resigned.  Henry  A.  Read  appointed 
October  24,  1895,  to  serve  unexpired  term. 


76 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1^00— 


HON.  HENRY  P.  SCHERER,  Mayor 


HENRY  B.  MONNING,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 

COUNCILMKN  AT  LARGE 

C.  H.  Waltemath 
F.  E.  Purcell 
William  Meyer,  Jr. 

WARD  COUNCILMEN 

W.  M.  Glenn 
Peter  J.  Scheid 
C.  H.  Buhr 
F.  X.  ScHUHLER 
B.  Borkenstein 


W.  H.  Tigar 
H.  G.  Sommers 
H.  G.  Nierman 
C.  W.  Weller 
C.  Haag 


R.  J.  Fisher 
John  Mohr,  Jr. 


CITY  OFFICERS 


Henry  C.  Berghoff 
John  G.  Noll 
William  H.  Shambaugh 
Frank  M.  Randall 
Daniel  McKendry 
Homer  A.  Gorsline 
William  Borgman 
Henry  Lapp 
Fred  Daseler 
Henry  Harkenrider  . 
George  Coling 
Henry  Hilbrecht 
August  Goers 


City  Comptroller 
Deputy  Comptroller 
Ci-ty  Attorney 
Civil  Engineer 
Assistant  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 

Sergeant  of  Police 
((  (( 

Detective 

Chief  Fire  Department 
Custodian  of  Parks 


CITY  OFFICEKS. 


77 


Frank  Weber 
Peter  G.  Hohnhaus 
Charles  Reese  . 
William  Ropa 
John  Tremmel  • 


Street  Superintendent 
Foreman  Street  Repairs 
Weighmaster 
Marketmaster 
Poundmaster 


BOARD  OF  PUBLIC  WORKS 

Peter  Eggeman  P.  H.  Kane 

J.  K.  McCracken 


BOARD  OF  PUBLIC  SAFETY 

Charles  McCulloch  A.  I.  Eriend  h 

George  H.  Wilson 


BOARD  OF  HEALTH  AND  CHARITIES 

Dr.  Carl  Schilling  Dr.  J.  E.  Miller 

Dr.  a.  j.  KeSsSler,  Secretary 
Dr.  L.  P.  Drayer,  Bacteriologist 
A.  M.  Schmidt,  Clerk  of  Official  Board 

Bessie  E.  Mannix,  Assistant  Clerk 


TRUSTEES  OF  WATER  WORKS 

William  Bittler  Emmett  H.  McDonald 

Murray  Hartnett 


TRUSTEES  OF  PUBLIC  SCHOOLS 

A.  E.  Hoffman  S.  M.  Foster 

William  P.  Cooper 
J.  N.  Study,  vSuperintendent  of  Schools 

b A.  I.  Friend  resigned  February  9,  1897.  Charles  H. 
Buck  appointed  February  9,  1897,  to  serve  un- 
expired term. 


78 


IvAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  HENRY  P.  SCHERER,  Mayor 


HENRY  B.  MONNING,  City  Crerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


COUNCIEMKN  AT  TARGE 


John  Mohr,  Jr.  C.  H.  Wattemath 

F.  E.  PuRCEEE  WlETIAM  MeYER,  Jr- 

R.  J.  Fisher  a 

WARD  COUNCIEMEN 


W.  H.  Tigar 
H.  G.  Sommers 
H.  G.  Nierman 
C.  W.  Welter 
C.  Haag 


W.  M.  Glenn 
Peter  J.  Scheid 
C.  H.  Buhr 
F.  X.  SCHUHTER 
B.  Borkenstein 


CITY  OFFICERS 


Henry  C.  Berghoff 
John  G.  Noll 
William  H.  Shambaugh 
Frank  M.  Randall 
Daniel  McKendry 
Homer  A.  Gorsline 
William  Borgman 
Henry  Lapp 
Fred  Daseler 
Henry  Harkenrider  . 
George  Coding 
Henry  Hilbrecht 
Henry  Franke  . 

Peter  G.  Hohnhaus  . 


City  Comptroller 
Deputy  Comptroller 
City  Attorney 
Civil  Engineer 
Assistant  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 
Sergeant  of  Police 

a u u 

Detective 

Chief  Fire  Department 
Street  Superintendent 
Foreman  Street  Repairs 


CITY  OFFICERS.' 


79 


August  Goers 
Charees  Reese 
William  Ropa 
John  Tremmel 


Custodian  of  Parks 
Weighmaster 
Marketmaster 
Poundmaster 


BOARD  OF  PUBLIC  WORKS 

Peter  Eggeman  P.  H.  Kane 

J.  K.  McCracken 

BOARD  OF  PUBLIC  SAFETY 

Charles  H.  Buck  Louis  C.  Kasten 

George  H.  Wilson 


BOARD  OF  HEALTH  AND  CHARITIES 

Dr.  a.  J.  Kessler,  Secretary 
‘Dr.  James  E.  Miller  Dr.  Carl  Schilling 

Dr.  L.  P.  Drayer,  Bacteriologist 
A.  M.  Schmidt,  Clerk  of  Official  Boards 

Bessie  E.  Mannix,  Assistant  Clerk 


TRUSTEES  OF  WATER  WORKS 

Murray  Hartnett  William  Tagtmeyer 

Philip  Singleton 


TRUSTEES  OF  PUBLIC  SCHOOLS 

William  P.  Cooper  Dr.  A.  J.  Boswell 

George  H.  Felts 

J.  N.  Study,  Superintendent  of  Schools 

a R.  J.  Fisher  resigned  February  22,  1897.  S.  McMahon 
appointed  February  22,  1897,  to  serve  unexpired 
term. 


80 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 


HON.  HENRY  P.  SCHERER,  Mayor 


HENRY  B.  MONNING,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


George  R.  Hench 
Edward  J.  Ehrman 
William  J.  Hosey 
Peter  F.  Poirson 
John  J.  O’Ryan 
David  S.  Eckert 
John  J.  Bauer 
James  J.  Hayes 
Charles  Haag 
Joseph  F.  Zurbuch 


Sylvester  McMahon 
Henry  Schwartz 
Peter  J.  Scheid 
William  J.  Lennart 
Charles  PL  Buhr 
Dr.  K.  K.  Wheelock 
Frank  X.  Schuhler 
Alanson  W.  Clark 
B.  Borkenstein 
William  E.  Gerding 


CITY  OFFICERS 


Henry  C.  Berghoff 
William  H.  Shambaugh 
Frank  M.  Randall 
Daniel  McKendry 
Homer  A.  Gorsline 
William  Borgman 
Henry  Lapp 
Henry  Harkenrider  . 
John  K.  Stevens 
Fred  Daseler 
Henry  Hilbrecht 
August  Goers 
Henry  C.  Franke 
Peter  G.  Hohnhaus  . 
Charles  Reese 


City  Comptroller 
City  Attorney 
Civil  Engineer 
Assistant  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 

Sergeant  of  Police 

((  ((  <( 

Detective 

Chief  Fire  Department 
Custodian  of  Parks 
Street  Superintendent 
Foreman  Street  Repairs 
Weigh  master 


CITY  OFFICERS. 


81 


WiivUAM  Ropa  . . . Marketmaster 

John  Tremmel  . . . Poimdmaster 


BOARD  OF  PUBLIC  WORKS 

Peter  Eggeman  P.  H.  Kane 

J.  K.  McCracken 


BOARD  OF  PUBLIC  SAFETY 

Louis  C.  Kasten  Charues  H.  Buck 

George  H.  Wieson 


BOARD  OF  HEALTH  AND  CHARITIES 

Dr.  a.  J.  Kessuer,  Secretary 
Dr.  Jame  E.  Miuuer  Dr.  Care  Schieeing 

Dr.  L.  P.  Drayer,  Bacteriologist 
A.  M.  Schmidt,  Clerk  of  Official  Boards 

Bessie  E.  Mannix,  Assistant  Clerk 


TRUSTEES  OE  WATER  WORKS 

Wieeiam  Tagtmeyer  P.  J.  Singeeton 

Murray  Hartnett 

P.  J.  McDonaed,  Clerk 


TRUSTEES  OE  PUBLIC  SCHOOLS 

George  E.  Eeets  W.  P.  Cooper 

Dr.  a.  j.  Bosweee 

J.  N.  Study,  Superintendent  of  Schools 


82 


LAWS  AND  ORDINANCES. 


ROSTER  OF  CITY  OFFICERS 

1 >^00—1000. 


HON.  HENRY  P.  SCHERER,  Mayor 


HENRY  B.  MONNING,  City  Clerk 


MEMBERS  OF  THE  COMMON  COUNCIL 


1.  George  R.  Hench 
Edward  J.  Ehrman 

2.  William  J.  Hosey 
Peter  F.  Poirson  a 
Alex  B.  White  h 

3.  John  J.  O’Ryan 
David  S.  Eckert 

4.  John  J.  Bauer 
James  J.  Hayes 

5.  Charles  Haag 
Joseph  F.  Zurbuch 


6.  S.  McMahon 
Henry  Schwartz 

7.  Peter  J.  Scheid 
W.  J.  Lennart 

8.  Charles  H.  Buhr 
K.  K.  Wheelock  c 
E.  C.  Miller 

9.  Frank  X.  Schuhler 

Alanson  W.  Clark 

10.  B.  Borkenstein 
W.  E.  Gerding 


CITY  OFFICERS 


Henry  C.  Berghoff 
Oscar  Brokaw  . 
William  H.  Shambaugh 
Frank  M.  Randall 
Daniel  McKendry 
Homer  A.  Gorsline 
Frank  H.  Whitney 
Henry  Lapp 
Henry  Harkenrider  . 
John  K.  Stevens 
George  Coling 


City  Comptroller 
Deputy  Comptroller 
City  Attorney 
Civil  Engineer 
Assistant  Engineer 
Superintendent  of  Police 
Captain  of  Police 
Lieutenant  of  Police 
Sergeant  of  Police 

a u u 

Detective 


CITY  OFFICERS. 


83 


Charles  E.  Reese 
William  Ropa 
John  Tremmel  . 


Henry  Hilbrecht 
August  Goers 


Henry  C.  Franke 
Peter  G.  Hopinhaus 


Chief  Fire  Department 
Custodian  of  Parks 
Street  Superintendent 
Foreman  Street  Repairs 
Weighmaster 
Marketmaster 
Poundmaster 


BOARD  OF  PUBLIC  WORKS 


Peter  Eggeman 


P.  H.  Kane 


J.  K.  McCracken 


BOARD  OF  PUBLIC  SAFETY 

C.  H.  Buck  George  H.  Wilson 

L.  C.  Kasten 


BOARD  OF  HEALTH  AND  CHARITIES 

Dr.  J.  E.  Miller  Dr.  A.  J.  Kessler 

Dr.  Henry  Ranke 
Dr.  L.  P.  Drayer,  City  Bacteriologist 

A.  M.  Schmidt,  Clerk  of  Official  Boards. 

Bessie  E.  Mannix,  Assistant  Clerk 


TRUSTEES  OF  WATER  WORKS 


William  Tagtmeyer 
Murray  Hartnett  d 


P.  J.  Singleton 
William  Kaough  e 


P.  J.  McDonald  Clerk 
Joseph  A.  Biemer,  Assistant  Clerk. 


84 


LAWS  AND  ORDINANCES. 


TRUSTEES  OF  PUBLIC  SCHOOLS 

Allen  Hamilton  George  Felts 

A.  J.  Boswell  f W.  W.  Rock  hill  g 

J.  N.  Study^  Superintendent  of  Schools 

a Died  February  22,  1900. 

b Alex.  B.  White  appointed  March  13  to  fill  vacancy. 
c Removed  from  the  ward  October  24,  1899.  Edward 
C.  Miller  appointed  November  6,  1899,  to  fill 

vacancy. 

d Died  April  24,  1900. 

e Appointed  April  30,  1900,  to  fill  vacancy. 
f Term  expired  June  12,  1900. 
g Elected  Ji-me  12,  1900. 


CITY  OF  FORT  WAYNE. 


PART  II. 


RULES  OF  THE  COMMON  COUNCIL. 


a* 


k:.s- 


4b 


DUTIES  OF  OFFICERS 


MAYOR. 

The  presiding  officer  shall  preserve  order  and  decorum. 
He  shall  decide  all  questions  of  order  subject  to  an  appeal 
to  the  Council,  and  when  the  Council  is  equally  divided  he 
shall  cast  the  deciding  vote.  All  standing  committees  shall 
be  appointed  at  the  first  meeting  of  the  Council  after  com- 
mencement of  each  term. 

It  is  also  the  duty  of  the  mayor  to  sign  all  ordinances, 
orders  or  resolutions  passed  by  the  Council  before  the  en- 
rollment in  the  Journal  of  Proceedings. 

CLERK. 

It  shall  be  the  duty  of  the  City  Clerk  to  keep  an  accurate 
journal  of  the  proceedings  of  the  Common  Council. 

He  shall  have  said  proceedings  printed  after  each  reg- 
ular or  special  meeting,  one  copy  of  which  shall  be  presented 

to  each  member,  and  at  least copies  of  which  shall  be 

kept  on  file  to  be  bound  at  the  end  of  the  term,  with  a proper 
index  thereto,  which  shall  be  the  official  journal  of  the  Com- 
mon Council  of  said  city;  and  he  shall  also  keep  a proper 
file  to  all  papers  thereof. 

He  shall  arrange  a roll  call  of-  the  members  in  alpha- 
betical form.  It  shall  also  be  his  duty  to  have  all  necessary 
papers  delivered  to  chairmen  of  committees  within  six  days 
after  adjournment  of  any  meeting  of  the  Council. 

JANITOR. 

The  Janitor  shall  preserve  order  in  the  lobby  and  shall 
prohibt  smoking  and  loud  talking.  He  shall  act  as  mes- 
senger for  the  Council  while  in  session. 

It  shall  be  the  duty  of  the  Lieutenant  of  Police  to  de- 
liver all  papers  to  the  chairmen  of  the  committees  that  may 
be  placed  in  his  hands  by  the  City  Clerk  within  four  days 


90 


LAWS  AND  OKDINANCKS. 


after  adjournment  of  any  meetings  of  the  Council  at  which 
such  papers  have  been  referred.  He  shall  also  notify  all 
members  of  all  special  meetings. 

ORDER  OF  BUSINESS. 

The  following  order  of  business  shall  be  observed  by 
the  Common  Council  at  its  meetings 

A — Reading  the  journal  of  the  regular  or  special 
meetings. 

B — Communications,  etc.,  from  the  Mayor. 

C — Reports,  etc.,  from  City  Officers. 

D — Reports  from  official  boards  in  the  following  order : 

1.  Board  of  Public  Works. 

2.  Board  of  Public  Safety. 

3.  Department  of  Public  Health. 

E — Reports  from  Standing  Committees  in  the  following 
order : 

1.  Finance. 

2.  Rules,  Regulations  and  Ordinances. 

3.  Judiciary. 

4.  Printing. 

5.  Election. 

6.  Contracts  and  Franchises. 

7.  Fees  and  Salaries. 

8.  Street  Lights. 

9.  Education. 

10.  Streets,  Alleys  and  Sewers. 

11.  Water  works. 

12.  Parks. 

13.  Public  Health. 

14.  Public  Property. 

15.  Claims. 

F — Reports  from  Select  Committees. 

G — Appropriation  Ordinances. 

H — Introduction  of  General  and  Special  Ordinances. 

I — Introduction  of  Miscellaneous  Business. 

I — Ordinances  on  .Second  Reading. 

K — Ordinances  on  Third  Reading. 

L — LTnfinished  business. 


RULES. 


Sfxtion  I.  The  general  rules  of  parliamentary  law, 
so  far  as  applicable,  are  to  be  considered  the  rules  of  the 


rui.es. 


91 


Connell  unless  the  same  conflicts  with  any  of  the  rules  herein 
prescribed.  The  duties  of  standing  committees  shall  be  the 
same  as  iii  legislative  bodies,  except  as  hereinafter  modified 
or  changed. 

Sec.  2.  Special  orders  may  be  taken  up  immediately 
after  reports  from  select  committee,  if  so  ordered  by  the 
Council. 

Sec.  3.  The  reading  of  the  journal  may  be  dispensed 
with  at  any  time  by  order  of  the  Council. 

Sec.  4.  When  the  roll  of  members  is  called  for  the 
purpose,  the  members  called  shall  have  the  privilege  of  pre- 
senting petitions,  memorials,  communications  or  re- 
monstrances, or  of  offering  motions  or  resolutions  ; and  after 
such  roll  call  has  been  made,  it  shall  not  be  in  order  for  any 
member  to  present  any  petition,  memorial,  communication  or 
remonstrance  or  offer  any  motion  or  resolution  during  the 
evening,  until  the  call  for  ‘‘Unfinished  Business”  is  reached. 

Sec.  5.  When  any  motion  is  made  and  seconded  it  shall 
be  stated  by  the  presiding  officer ; being  in  writing,  it  shall 
be  handed  to  the  Clerk  and  read  aloud  before  debate. 

Sec.  6.  When  any  member,  if  about  to  speak  or  de- 
liver any  matter  to  the  Council,  he  shall  rise  from  his  seat 
and  respectfully  address  himself  to  the  presiding  officer,  and 
on  being  recognized,  may  address  the  Council,  and  confine 
himself  to  the  question  in  debate  and  avoid  personality. 

Sec.  7.  No  member  shall  speak  more  than  twice  on 
the  same  question  without  leave  of  the  Council. 

Sec.  8.  When  two  or  more  members  rise  at  once,  the 
presiding  officer  shall  decide  which  shall  speak  first. 

Sec.  9.  The  chair  shall  not  recognize  any  member  as 
in  order  unless  he  shall  be  in  his  proper  seat. 

Sec.  10.  No  member  shall  impeach  the  motive  of  any 
other  member’s  vote  or  argument. 

Sec.  II.  All  questions  relating  to  the  priority  of  bus- 
iness shall  be  decided  without  debate. 

Sec.  12.  No  one  not  a member  of  the  Common  Council 
shall  be  permitted  to  address  the  same,  except  by  unanimous 
consent  of  the  Council : Provided,  however,  that  any  officer 
may,  when  called  upon,  make  a report. 

Sec.  13.  When  the  .presiding  officer  is  putting  a ques- 
tion or  addressing  the  Council,  or  when  any  member  is 
speaking,  no  member  shall  engage  in  any  private  discourse, 
or  walk  across  or  leave  the  room  unnecessarily. 

Sec.  14.  The  presiding  officer  shall  decide  whether  any 
question  is  carried  by  affirmative  or  negative  vote ; but  if  he 
is  in  doubt,  and  the  “ayes  and  noes”  or  a division  be  called 


92 


LAWS  AND  ORDINANCES. 


for,  the  Council  shall  decide.  In  case  of  a rising  vote,  the 
affirmative  shall  first  rise  and  be  counted,  after  those  of  the 
negative. 

Sec.  15.  A quorum  shall  consist  of  a majority  of  all 
members  elected.  But  no  ordinance,  order  or  resolution 
shall  be  passed,  or  ordinance  engrossed,  which  shall  not  have 
received  the  vote  of  a majority  of  all  members  constituting 
the  Common  Council. 

Sec.  16.  If  any  member  in  anywise  transgress  the 
rules  of  the  Council,  any  other  member  may  call  him  to 
order,  in  which  case  the  alleged  offender  shall  immediately 
take  his  seat,  unless  permitted  to  explain.  If  the  question 
of  order  be  decided  against  him,  he  shall  be  liable,  if  the 
case  require  it,  to  the  censure  of  the  Council.  If  the  de- 
cision be  in  his  favor,  he  shall  be  at  liberty  to  proceed. 

Sec.  17.  After  the  call  of  the  “ayes  and  noes”  has 
been  answered  to  by  any  one  member  called,  it  shall  not  be 
in  order  for  any  member  to  offer  any  remarks  except  in 
explanation  of  his  vote ; and  no  explanation  shall  be  in  order, 
under  the  operation  of  the  “previous  question”  or  motion  to 
“lay  on  the  table.” 

Sec.  18.  All  ordinances  shall  be  of  three  distinct 
classes,  viz : 

1.  Appropriation  Ordinances. 

2.  Special  Ordinances  directing  public  improve- 
ments, and  relating  to  special  matters. 

3.  General  Ordinances  relating  to  the  govern- 
ment of  the  city.  The  Clerk  shall  keep  each 
class  of  ordinances  in  distinct  files,  according 
ing  to  the  number  of  their  readings,  and  shall 
give  each  ordinance  of  each  class  a distinct 
number  in  the  order  of  its  introduction,  and 
shall  place  such  files  on  the  Clerk’s  desk  at  the 
opening  of  said  meeting. 

Sec.  19.  The  vote  on  passages  of  ordinances  and  reso- 
lutions, upon  suspension  of  the  rules,  and  the  motions  to 
reconsider,  must  be  by  call  of  the  roll ; but  any  two  mem- 
bers may  call  the  “ayes  and  noes”  upon  any  question  or 
motion,  and  any  member  may  call  for  the  division  of  a 
question  when  the  sense  will  admit  of  it. 

Sec.  20.  Any  ordinance  failing  to  receive  a majority 
of  the  votes  upon  “engrossment”  will  be  considered  as  still 
on  its  second  reading  and  waiting  engrossment,  unless 
stricken  from  the  files  or  otherwise  disposed  of  by  order  or 
permission  of  the  Council. 


rules. 


93 


Sec.  21.  Any  ordinance  failing  to  receive  a sufficient 
number  of  votes  on  final  passage  will  be  considered  as  lost, 
and  stricken  from  the  files : Provided,  the  vote  be  not  re- 

considered within  the  time  and  manner  authorized  by 
Rule  24. 

Sec.  22.  Any  member  may  change  his  vote  l^efore  the 
announcement  of  the  result  by  the  chair.  Every  member 
mnst  vote  upon  every  question,  unless  excused  from  voting 
by  a majority  of  the  members  present. 

Sec.  23.  All  questions  shall  be  propounded  in  the  order 
in  which  they  are  moved. 

Sec.  24.  When  any  question  has  once  been  decided 
in  the  affirmative  or  negative,  any  member  voting  with  the 
majority  may  move  a reconsideration  thereof  on  the  same 
or  next  regular  meeting : Provided,  that  no  such  motion 

shall  be  introduced  at  the  next  or  any  subsequent  meeting, 
unless  the  member  intending  to  make  the  same  shall  have 
given  written  notice  of  such  intentions  at  the  meeting  at 
which  the  vote  which  he  desires  to  have  reconsidered  was 
taken.  , 

Sec.  25.  A resolution  adopted  may  be  rescinded  by 
subsequent  resolution,  and  ordinances  passed  may  be  re- 
pealed by  subsequent  ordinances. 

Sec.  26.  When  the  reading  of  any  paper  is  called  for, 
it  objections  be  made,  it  shall  be  decided  by  the  Council; 
and  no  paper  shall  be  read  if  objected  to  without  the  consent 
of  the  Council. 

Sec.  27.  When  any  matter  is  postponed  indefinitely  it 
shall  not  be  again  voted  upon  during  that  or  the  next  four 
succeeding  meetings. 

Sec.  28.  No  matter  or  proposition  on  a subject  dif- 
ferent from  that  under  consideration  shall  be  admitted  under 
color  of  an  amendment. 

Sec.  29.  Ordinances,  upon  introduction,  shall  be 
read  by  the  Clerk  in  full ; then  read  the  second  time  by  title, 
which  title  shall  clearly  set  forth  the  subject  matter  of  the 
ordinance.  After  being  read  the  second  time,  the  ordinance 
is  then  open  for  amendments  and  reference  to  proper  com- 
mittee. The  Council  may,  at  any  time,  order  that  ordi- 
nances be  printed  for  distribution  among  the  members  or 
other  persons. 

Sec.  30.  On  the  approval  of  a report  of  a committee 
upon  any  ordinance  referred  to  it,  the  same  shall  then  be 
considered  engrossed  without  further  motion,  and  no 


94 


LAWS  AND  ORDINANCES. 


amendment,  except  to  strike  out  shall  be  in  order,  unless 
by  unanimous  consent  of  the  Councilmen  present. 

Sec.  31.  Any  ordinance  may  be  stricken  from  the  file 
at  any  time  by  a vote  of  two-thirds  of  all  the  members 
elected,  or  by  a majority  vote  after  the  ordinance  shall  have 
passed  a second  reading. 

Sec.  32.  A motion  to  ‘day  on  the  table,”  or  for  the 
“previous  question”  shall  not  be  in  order  if  prefaced  by  any 
speech  or  remarks. 

Sec.  33.  The  “previous  question”  shall  be  put  in  this 
form:  “Shall  the  main  question  be  now  put?” 

It  shall  only  be  admitted  when  demanded  by  a majority 
of  the  members  present,  and,  until  decided,  shall  preclude 
all  other  motions  or  amendments,  except  the  motion  to 
adjourn. 

If  the  motion  be  sustained,  the  chair  shall  at  once  put 
the  question,  first  upon  the  pending  amendments  in  their 
order,  and  then  upon  the  main  proposition. 

Sec.  34.  Any  matter  laid  upon  the  table  may  be  taken 
by  a vote  of  the  Council  at  any  time : Provided,  a motion 

to  reconsider  once  laid  upon  the  table  cannot  again  be 
taken  up. 

Sec.  35.  A motion  to  “suspend  the  rules”  is  a 
privileged  question,  is  not  debatable,  and  cannot  be  amended 
except  to  the  acceptance  of  the  mover. 

Sec.  36.  A motion  to  “reconsider,”  and  that  when  the 
Council  adjourns  to  meet  on  a day  certain,  are  privileged 
questions,  and  are  debatable. 

Sec.  37.  A business  which,  by  law  of  necessity,  must 
or  should  be  transacted  within  or  by  a certain  time,  will  be 
considered  a question  of  privilege. 

Sec.  38.  Any  motion  or  resolution  which,  in  effect, 
contemplates  a violation  of  law,  or  is  in  conflict  with  any 
ordinance,  will  be  ruled  out  of  order. 

Sec.  39.  A motion  to  adjourn  cannot  be  repeated, 
unless  other  business  has  intervened  between  the  motions. 

Sec.  40.  A motion  to  adjourn  cannot  be  reconsidered. 

Sec.  41.  Any  amendment  to  an  ordinance  may  be 
referred,  delayed  or  otherwise  disposed  of,  without  delay  or 
prejudice  to  the  ordinance  itself. 

Sec.  42.  Ordinances  reported  back  to  the  Council  by 
committees  or  officers  will  take  their  proper  places  in  first, 
second  or  third  readings. 

Sec.  43.  Ordinances,  resolutions  and  reports  may  be 
committed  and  recommitted  at  the  pleasure  of  the  Council. 

Sec.  44.  The  standing  committees  of  the  Council  shall 


RULES. 


95 


consist  of  three  (3)  members  each,  except  the  Finance 
Committee,  which  shall  consist  of  five  (5)  members,  and 
the  Committee  of  Contracts  and  Franchises,  which  shall 
consist  of  five  ( 5 ) members ; they  shall  have,  under  the 
Council,  full  supervision  of  all  matters  relating  to  the  special 
subjects  referred  to  them. 

Sec.  45.  It  shall  be  the  duty  of  the  Committee  of 
Finance  to  report  ordinances  making  the  annual  tax  levies 
and  those  making  the  annual  appropriations  to  meet  the 
several  items  of  expense  that  are  appropriately  chargeable 
against  the  city ; all  other  matters  relating  to  the  raising 
of  revenues  shall  also  be  referred  to  the  committee. 

Sec.  46.  All  reports  from  committee  shall  be  made  in 
writing  and  must  be  signed  by  a majority  of  the  members 
thereof ; and  all  committees  shall  return  all  papers  referred 
to  them  and  report  upon  the  same  to  the  Common  Council 
at  the  next  regular  meeting,  or  at  a special  meeting  if  so 
ordered : Provided,  that  the  Council  may,  in  its  discretion, 

extend  the  time  for  making  such  reports. 

Sec.  47.  Resolved,  That  the  rules  may  be  changed 
at  any  time  by  a majority  vote  of  the  Council. 

Sec.  48.  Resolved,  That  no  resolution,  ordinance, 
petition  or  business  of  any  nature  shall  be  received  or  con- 
sidered by  this  Council  unless  it  is  presented  by  some  mem- 
ber of  the  Council,  or  as  provided  by  law. 

Attest : 

W.  T.  JEFFERIES,  C.  B.  OAKLEY, 

City  Clerk.  Mayor. 

Approved  June  12,  1894. 


CITY 

OF  FORT  WAYNE. 

PART  III. 

ACTS  OF  THE  GENERAL  ASSEMBLY 


In  Force  December  1,  1900. 


ACTS. 


1 Section  i.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  all  cities  of  this  State  which 
had  a population  of  more  than  thirty-five  thousand  and  less 
than  forty-nine  thousand  inhabitants  as  shown  hy  the  last 
preceding  United  States  census,  shall  on  and  after  the  first 
Tuesday  of  May,  1894,  he  governed  by  the  provisions  of 
this  act.  Any  city  falling  within  the  scope  of  this  act  shall 
be,  and  continue  to  be  the  same  legal  corporation  as  here- 
tofore, subject  to  the  same  liabilities  heretofore  incurred, 
and  possessing  the  same  rights  which  have  heretofore 
accrued. 

All  by-laws,  ordinances  and  regulations  not  incon- 
sistent with  this  act  shall  remain  and  continue  in  force  until 
altered  or  repealed  hy  the  Common  Council  in  conformity 
with  the  provisions  of  tlris  act,  1)ut  all  1:>y-laws,  ordinances 
and  regulations  inconsistent  with  this  act  are  hereb\ 
abolished. 

2 Sec.  2.  The  elective  officers  of  such  cities  shall  be 

a Alayor,  City  Clerk  and  Councilmen,  as  hereinafter  pro- 
vided. The  elections  of  such  cities  shall  be  held  as  here- 
inafter provided:  On  the  first  Tuesday  in  the  month  of 

May  for  the  election  of  Mayor,  Clerk  and  Councilmen,  and 
the  first  election  hereafter  for  such  officers  shall  be  held  in 
such  cities  on  the  first  Tuesday  in  May,  A.  D.,  1898,  and 
the  said  officers  shall  hold  their  respective  offices  until  the 
first  Tuesday  in  May,  1901,  when  the  second  election  of 
such  officers  shall  he  held,  and  the  elections  thereafter 
shall  be  held  biennially  on  the  first  Tuesday  in  May,  and 
such  officers  so  elected  shall  hold  their  offices  respectively 
for  *^^wo  years,  and  until  their  successors  are  elected  and 


Cities  of 
49,000. 

Subject  to  lia- 
bilities here- 
tofore 
incurred. 


Ordinances  in- 
consistent 
abolished. 


Elective  offi- 
cers, what 
shall  be,  term 
of  office. 
Elections, 
when  held. 
Duty  of  City 
Clerk  in  elec- 
tion. 


100 


LAWS  AND  OKDINANCES. 


Special 

elections. 


Power  con- 
ferred. 


Offices 

abolished. 


Officers  con- 
tinued. 


Pending  pro- 
ceedings. 


qualified.  Euch  elections  shall  be  held  in  conformity  to 
and  in  accordance  with  the  general  election  laws  of  this 
State,  and  with  the  laws  for  making  out  of  certificates  and 
memoranda  of  the  result,  and  the  delivery  of  the  list  of 
voters,  and  the  tally  papers,  the  assemblage  of  inspectors 
or  judges  of  elections  as  a board  of  canvassers,  and  the 
duties  of  such  Board  in  reference  to  State  elections : Pro- 
vided, that  such  Board  in  city  elections  shall  assemble  in 
the  room  of  the  Council  of  such  city  on  the  day  following 
such  election  at  lo  o’clock  a.  m.  The  duties  of  the  County 
Clerk  in  reference  to  such  State  election  shall  be  performed 
by  the  Clerk  of  such  city.  All  special  elections  in  such  city 
shall  be  governed  by  the  same  provisions.  The  laws  of 
this  State  in  reference  to  contests  after  State  elections  and 
all  other  matters  shall  be  applicable  to  such  city  elections 
as  far  as  they  are  adapted  to  the  same.  (As  amended  b) 
act  in  force  March,  1897.) 

3 Sec.  3.  On  and  after  the  first  Tuesday  of  May, 
1894,  the  Common  Council,  Mayor,  City  Clerk  and  all 
other  city  officers  and  employes  shall  possess  the  power  con- 
ferred by  this  act,  and  no  others.  Until  then  they  shall  have 
the  power  now  and  heretofore  conferred  by  law. 

All  officers  created  by  the  statutes  of  the  State  or 
ordinances  of  the  city  heretofore  in  force  in  conflict  with 
this  act  are  hereby  abolished,  on  and  after  said  first  Tuesday 
in  May,  1894,  except  as  herein  otherwise  provided,  but  until 
that  time  the  officers  filling  the  same  shall  continue  in  office, 
and  have  and  possess  the  powers  and  perform  the  duties  now 
and  hereafter  conferred  by  law,  and  the  members  of  the 
Common  Council  of  such  city  heretofore  elected  shall  hold 
their  offices  until  the  first  Tuesday  of  May,  1894:  Pro- 

vided, however,  They  shall  not  be  removed  from  office  b}' 
impeachment  as  provided  herein. 

In  case  such  city,  prior  to  the  taking  effect  of  this  act 
shall  have  commenced,  by  its  proper  officers,  any  proceed- 
ings or  undertakings  of  a public  nature,  which  was  lawfully 
commenced  or  undertaken,  the  same  shall  not  be  interrupted 
by  the  passage  of  this  act,  but  it  shall  be  taken  up  and 
carried  forward  by  the  proper  officer  or  department  as  pre- 


ACTS. 


101 


scribed  by  this  act,  except  that  in  case  of  public  improve- 
ments of  any  sort,  whether  of  sewers,  streets,  alleys,  levees, 
public  buildings,  or  any  other  matter  of  an  executive  nature, 
in  which  a contract  has  not  at  the  time  of  the  passage  of 
this  act  been  actually  let  and  entered  into,  the  executive  de- 
partment having  charge  of  such  matter  shall  not  be  bound, 
unless  it  so  elects,  by  the  previous  proceedings,  but  may 
review  the  whole  subject  and  modify,  change  or  rescind  all 
orders  previously  made  in  that  behalf. 

The  present  officers  of  such  city  shall  surrender  the 
custodv  of  all  property,  records  and  documents  of  every 
nature  whatsoever,  to  the  appropriate  officer  or  departmeni 
entitled  to  the  possession  of  the  same  under  this  act. 

4 Sec.  4.  In  the  event  of  a vacancy  occurring  in 
anv  elective  office  of  said  city  from  the  death,  resignation 
or  other  cause,  except  Mayor,  it  shall  be  the  duty  of  the 
acting  Mayor  within  ten  days  of  such  time  to  fill  such 
vacancv  by  appointment  for  the  unexpired  term,  subject  to 
the  approval  of  the  Council. 

5 Sec.  5.  The  City  Clerk  shall  forthwith,  after  the 
execution  of  the  certificate  of  election  by  the  Board  of 
Inspectors  of  Elections  of  said  office,  as  hereinbefore  pro- 
vided, notify  every  ])erson  so  elected  of  the  time  when  he 
must  qualify,  either  by  personal  service  or  leaving  copy  at 
his  usual  place  of  residence,  and  shall  make  return  of  such 
service,  and  file  the  same  in  his  office. 

6 Sec.  6.  Every  elective  officer  of  such  city  shall 
before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  to  be  endorsed  on  the  back  of  his  certificate 
of  election,  and  every  appointive  officer  shall  likewise  take 
such  oath,  to  be  endorsed  on  the  back  of  his  certificate  of 
appointment,  before  some  officer  authorized  to  administer 
the  same,  to  support  the  Constitution  of  the  Ehiited  States 
and  the  Constitution  of  the  State  of  Indiana,  and  to  faith- 
fully and  honestly  discharge  all  his  official  duties,  such  oaths 
to  be  filed  with  the  City  Clerk. 

Each  of  said  officers,  except  the  Mayor  and  members  of 
the  Common  Council,  shall  likewise  execute  a bond  with 
surety,  to  be  approved  by  the  Mayor,  payable  to  such  city  in 


Exception. 


Surrender  cus- 
tody to 
proper  offi- 
cers. 


Vacancies. 

Appointment 
for  unexpired 
term. 


Notification  of 
election. 


Oath  of  office. 


Filed  with 
City  Clerk. 


Bond  of  offi- 
cers. 


102 


LAWS  AND  ORDINANCES. 


Filed  with  De- 
partment of 
Finance. 


Failure  to  file 
bond  within 
ten  days. 


Proviso. 


Unlawful  to 
have  an 
interest  in 
Contract 


Void. 

Penalty. 


Purchase  of 
bonds,  etc.,  by 
officers  or 
employes. 


such  penal  sum  as  said  Council  may  enact  by  ordinance  cov- 
ering- such  cases,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  and  the  payment  of  all  moneys 
received  by  him  as  such  officer  to  the  proper  person,  such 
bond  to  be  filed  with  the  head  of  the  Department  of 
Finance. 

Any  person  who  shall  not  file  his  oath,  or  oath  and 
bond,  as  the  case  may  be,  with  the  proper  officer,  within 
ten  days  after  the  beginning  of  the  term  for  which  he  is 
elected  or  appointed,  shall  be  deemed  to  have  refused  to 
serve,  and  shall  forfeit  to  the  city  the  sum  of  ten  dollars 
($io),  recoverable  in  a civil  action,  and  the  office  shall  be 
deemed  to  be  vacant : Provided,  That  in  case  of  such  default 
a member-elect  of  the  Council  may  within  thirty  days  from 
the  date  of  his  election,  present  his  excuse  therefor  in 
writing  to  the  body  to  which  he  is  elected,  and  any  other 
officer  may,  within  the  same  time,  present  his  excuse  in 
writing  to  the  Council,  and  if  such  excuse  is  accepted,  may 
be  relieved  from  such  penalty,  and  on  taking  such  oath 
and  giving  such  bond  may  assume  the  duties  of  his  office. 

7 Sec.  7.  No  member  of  the  Council,  nor  any  other 
officer,  clerk  or  deputy,  or  employe  of  such  city  shall,  either 
directly  or  indirectly,  be  a party  to,  or  in  any  manner  inter- 
ested in  any  contract  or  agreement,  either  with  such  city, 
for  any  matter,  cause  or  thing,  or  by  which  any  liability  or 
indebtedness  is  in  any  way  or  manner  created  or  passed 
upon,  authorized  or  approved  by  said  Council,  or  either  of 
them,  or  by  any  officer,  board,  clerk,  deputy  or  employe  of 
such  city.  Any  contract  in  contravention  of  the  foregoing 
provisions  shall  be  absolutely  void.  Whoever  shall  know- 
ingly violate  the  provisions  of  this  section  shall  be  fined 
not  more  than  one  thousand  dollars  ($1,000),  to  which  may 
be  added  imprisonment  for  any  period  not  exceeding  one 
year. 

8 Sec.  8.  No  Councilman,  or  other  officer,  clerk, 
deputy  or  employe  of  such  city  shall  purchase,  either  directly 
or  indirectly,  any  bond,  order,  claim  or  demand  whatever 
against  such  city,  during  his  continuance  in  office  or  employ- 
ment, for  any  less  sum  than  the  amount  specified  therein ; 


ACTS. 


103 


and  any  bond,  order,  claim  or  demand  so  purchasxl  by 
any  sucb  person,  in  contravention  of  the  foregoing  pro- 
visions, shall  be  forfeited  to  such  city,  and  no  action  shall 
ever  be  maintained  thereon.  Gifts  and  the  acquirements  of 
equitable  interests  shall  be  deemed  to  be  within  the  meaning 
and  scope  of  the  provisions  of  this  section. 

LEGISLATIVE. 

A.  Organization. 

9 Sec.  9.  The  legislative  authority  of  the  city  shall 
be  vested  in  a Common  Council. 

10  Sec.  10.  The  wards  of  such  city  shall  remain  in 
number  and  boundaries  the  same  as  now  existing  until  such 
time  as  the  same  may  be  changed  as  hereinafter  provided. 

The  Common  Council  shall  have  power  to  readjust  and 
fix  the  boundaries  of  the  wards  of  such  city,  but  shall  make 
such  wards  of  as  nearly  equal  population  and  of  as  compact 
and  contiguous  territory  as  practicable.  Such  readjustment 
or  fixing  the  boundaries  of  such  wards  shall  not  occur 
oftener  than  once  in  a period  of  six  years,  unless  the  same 
is  made  necessary  by  the  annexation  of  new  territory,  in 
which  case  the  same  may  be  done  at  any  time  by  ordinance 
passed  by  a two-thirds  vote  by  the  Common  Council,  but 
such  new  territory  may  be  added  to  any  existing  ward  or 
wards  by  ordinance  of  the  Council. 

11  Sec.  II.  Each  ward  shall  elect  two  Councilmen 
at  the  city  election  hereinbefore  provided  for,  whose  terms 
of  office  shall  commence  at  12  o’clock  noon  on  the  first 
Tuesday  of  May  following  such  election,  and  shall  continue 
until  their  successors  are  elected  and  qualified,  as  hereinbe- 
fore provided.  (As  amended  by  act  in  force  March,  1897.) 

12  Sec.  12.  No  person  shall  hold  the  office  of 
Councilman  from  any  ward  unless  he  is  at  the  time  of  his 
election  a resident  and  voter  thereof;  a removal  of  residence 
for  such  ward  shall  vacate  his  office.  (As  amended  by  act 
in  force  March,  1897.) 

13  Sec.  13.  The  Council  shall  have  the  power  to 
expel  any  of  its  own  members  for  violation  of  official  duty. 


Gifts  to  offi- 
cers. 


Common 

Council. 

Wards,  num- 
ber of. 


Boundaries.. 


Change  of.. 


8 


104 


LAWS  AND  ORDINANCES. 


Expulsion. 


Rules. 


First  regular 
meeting,  ses- 
sions. 


Special 

meetings. 

Quorum. 

Two-thirds 
vote,  con- 
struction of. 


Presiding  of- 
ficer. 


Public  meet- 
ing required. 

City  Clerk’s 
duties. 


Appropriation 
ordinances, 
signed  by 
presiding  offi- 
cer, approved 
toy  Mayor. 


Rules. 


and  to  declare  the  seat  of  any  member  vacant  by  reason  of 
his  disability  to  perform  the  duties  of  his  office.  The  Council 
may  adopt  its  own  rules  to  govern  such  cases,  but  a two- 
thirds  vote  shall  be  required  to  expel  a member  or  vacate 
his  seat  under  this  section. 

14  Sec.  14.  The  members  of  the  Common  Council 
shall  hold  their  first  regular  meeting  on  the  second  Tuesday 
of  May,  1894,  at  7:30  o’clock  p.  m.,  in  the  Council  chamber. 
The  Council  shall  thereafter  meet  not  less  than  once  a 
month,  and  as  much  oftener  as  their  rules  may  require. 

Special  meetings  may  be  held  on  the  call  of  the  Mayor, 
or  on  such  other  calls  as  may  be  provided  for  by  rules.  A 
majority  of  all  the  members-elect  shall  constitute  a quorum. 
It  shall  require  a majority  vote  of  all  the  members-elect  to 
pass  an  ordinance.  Wherever  it  is  provided  in  this  act  that 
an  ordinance  shall  be  passed  by  a two-thirds  vote,  the  same 
shall  be  construed  to  mean  two-thirds  of  all  the  members 
elect. 

15  Sec.  15.  It  shall  be  the  duty  of  the  Mayor  to  pre- 
side at  all  meetings  of  the  Common  Council,  and  in  his 
absence  for  any  cause  the  Council  shall  choose  a presiding 
officer  pro  tern,  from  their  members. 

16  Sec.  16.  All  meetings  of  the  Common  Council 
shall  be  public. 

17  Sec.  17.  The  City  Clerk  shall  be  the  Clerk  of 
the  Common  Council.  It  shall  be  his  duty  to  keep  the  files 
and  papers  thereof,  to  make  and  keep  an  accurate  minute 
and  journal  of  the  proceedings,  to  enter  the  “ayes  and  noes” 
on  the  passage  of  every  ordinance  and  resolution  in  full, 
and  on  all  other  votes  whenever  requested  to  do  so  by  two 
members. 

18  Sec.  18.  All  ordinances,  orders,  resolutions  and 
motions  for  the  government  or  regulation  of  such  city,  and 
all  ordinances  for  the  appropriation  of  money  shall  originate 
in  the  Common  Council.  No  appropriation  shall  be  made 
for  the  payment  of  money  otherwise  than  by  ordinance, 
specifying  by  items  the  amount  thereof,  and  the  department 
for  which  such  appropriation  shall  be  made.  The  Council 
may  prescribe  its  own  rules.  No  ordinance,  order  or  resolu- 


ACTS. 


105 


tion  shall  become  law,  or  operative  until  it  has  been  signed 
by  the  presiding  officer  thereof,  and  approved  in  writing  by 
the  Mayor,  or  passed  over  his  veto,  as  provided  in  this  act, 
and  whenever  the  same  may  be  necessary,  promulgated 
according  to  law. 

19  Sec.  19.  No  ordinance  shall  be  passed  on  the 
same  day,  or  the  same  meeting,  that  it  is  introduced,  except 
by  unanimous  consent. 

20  Sec.  20.  Every  ordinance  imposing  a penalty  or 

forfeiture  for  the  violation  thereof  shall,  before  the  same 
shall  take  effect,  be  published  once  each  week  for  two  weeks 
consecutively  in  some  newspaper  printed  in  the  city : Pro- 

vided, That  in  case  of  insurrection,  riot,  pestilence,  con- 
flagration or  other  public  necessity  requiring  immediate 
operation  of  such  ordinance,  it  shall  take  effect  as  soon  as 
proclamation  is  made  thereof  by  the  Mayor,  and  posted  in 
five  public  places  in  each  of  the  wards  of  such  city : Pro- 

vided further.  The  Common  Council  shall  have  discretionary 
power  to  direct  the  publication  of  any  ordinance  in  a daily 
newspaper,  and  the  publication  thereof  for  one  day  each  in 
any  two  consecutive  weeks  in  any  daily  paper  shall  be 
deemed  sufficient  to  allow  the  same  to  take  effect : Provided, 
That  when  no  paper  is  published  in  such  city,  printed  or 
written  copies  of  such  ordinance  shall  be  posted  up  by  the 
City  Clerk  in  at  least  five  public  places  in  each  ward  of  such 
city  for  two  weeks  before  the  taking  effect  thereof : Pro- 

vided, further,  That  whenever  any  city  shall  publish  any 
of  its  ordinances  in  book  or  pamphlet  form,  such  publication 
shall  be  of  itself  sufficient  publication,  and  such  ordinance 
or  ordinances  shall  take  effect  two  weeks  from  the  date  of 
publication  appearing  upon  the  said  books  or  pamphlet.  And 
such  publication  in  book  or  pamphlet  form,  if  the  same 
shall  purport  to  be  printed  under  the  authority  of  the 
Common  Council  of  such  city,  shall  be  presumptive  evidence 
in  all  courts  and  places,  of  the  ordinances  therein  contained 
and  of  the  date  of  adoption,  and  that  the  same  are  properly 
signed,  attested  and  recorded,  and  approved  by  the  Mayor. 

21  Sec.  21.  Every  ordinance,  order  or  resolution  of 
the  Common  Council  shall,  immediately  upon  its  enrollment. 


Passage  of 
ordinance. 


Unanimous 

consent. 


Penal  ordi- 
nance to  be 
published. 

Exception. 


Revision  of 
ordinances. 


Ordinances, 

enrollment. 


106 


LAWS  AND  ORDINANCES. 


Record  of. 
Approval. 


Ordinances 

recorded. 


Presumptive 

evidence. 

Passage  of. 
Corporate  seal 

Fix  salaries. 

Salary  of 
Councilmen. 


attestation  and  signature  by  the  Clerk,  be  presented  by  him 
to  the  Mayor,  and  a record  of  time  of  such  presentment 
kept  by  the  Clerk.  If  the  Mayor  approves  it  he  shall  sign 
it,  and  it  shall  become  a law.  If  he  does  not  approve  it 
he  shall  return  it  to  the  Clerk,  with  his  objections  in  writing, 
within  ten  days  after  receiving  it,  and  the  Clerk  shall  present 
the  same  to  the  Common  Council  at  its  next  meeting.  It 
shall  be  the  Mayor’s  official  duty  to  express  in  writing  his 
approval  or  disapproval,  as  hereinbefore  provided.  If  for 
any  reason  the  Mayor  fails  to  discharge  his  duty  within 
the  time  named,  by  approving  or  disapproving  the  same,  in 
writing,  the  same  shall  be  deemed  equivalent  to  a disap- 
proval, and  in  all  cases  of  disapproval  by  the  Mayor  the 
same  shall  not  become  a law  unless  the  body  in  which  the 
measure  originated  within  thirty  days  after  the  time  named 
for  the  Mayor’s  action,  again  pass  the  same  by  a two-thirds 
vote. 

22  Sec.  22.  All  ordinances  shall,  within  a reasonable 
time  after  their  approval  by  the  Mayor,  or  their  passage 
over  his  veto,  be  recorded  in  a book  for  that  purpose  kept 
by  the  City  Clerk.  Such  record  shall  include  the  signature 
of  the  presiding  officer,  attestation  of  the  Clerk,  and  the 
Mayor’s  written  approval  or  disapproval,  and  memorandum 
of  its  passage  over  his  veto.  Such  record  or  certified  copy 
thereof  shall  be  presumptive  evidence  of  the  going  into 
efifect  of  such  ordinance.  On  the  passage  of  any  ordinance 
or  resolution  by  the  Council  the  yeas  and  nays  shall  be 
taken  and  entered  in  full  on  the  lournal. 

23  Sec.  23.  The  Common  Council  shall  have  power 

to  enact  ordinances  for  the  following  purposes  : To  provide 

a corporate  seal,  with  appropriate  device  for  such  city,  to 
be  affixed  to  all  instruments  of  w^ritings  needing  authentica- 
tion. To  fix  the  salaries  or  compensation  of  the  various 
officers  and  employes  of  such  city,  except  where  a different 
provision  is  made  in  the  act  upon  this  subject:  Provided, 

That  no  member  of  the  Common  Council  shall  be  allowed 
more  than  one  hundred  and  fifty  dollars  ($150)  for  each 
year  of  his  service  as  such  member,  nor  shall  any  salary 
be  charged  after  the  election  or  appointment  of  a person  to 


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ACTS. 


107 


an  office  until  his  term  expires  or  his  office  is  vacated.  To 
protect  all  city  property,  real  and  personal.  To  provide  for 
the  punishment  of  contempt  and  disorder  in  the  rooms  of 
the  Council  and  of  the  Police  Court.  To  authorize  a census 
of  the  city.  To  receive  gifts,  donations,  bequests  and  public 
trust,  and  to  agree  to  conditions  and  terms  accompanying 
the  same,  and  bind  the  corporation  to  carry  them  out. 

PUBLIC  COMFORT  AND  PIEALTH. 

To  declare  what  shall  constitute  a nuisance,  to  prevent 
the  same,  require  its  abatement,  authorize  the  removal  of 
the  same  by  the  proper  officers,  and  provide  for  the  punish- 
ment of  the  person  causing,  continuing  or  suffering  the 
same  to  exist,  and  to  assess  the  expenses  of  its  removal 
against  such  person  or  persons,  and  to  provide  for  collecting 
such  expenses  either  by  placing  the  same  on  tax  duplicate 
or  by  suit.  To  regulate  or  prohibit  the  use  of  hand  organs 
or  instruments  of  any  annoying  character  or  other  music  of 
itinerant  performers  in  the  streets,  alleys  or  public  places 
of  such  city.  To  authorize  the  cleaning  and  ]:»urification  of 
water  and  water  courses  by  the  Board  of  Public  Works  : to 
prevent  encroachment  or  injury  to  the  banks  thereof,  or  the 
casting  into  the  same  of  offal,  dead  animals,  logs,  rubbish, 
dirt,  or  impure  liquids  of  any  kind  whatever.  For  the  pur- 
pose of  this  paragraph  jurisdiction  is  hereby  conferred  upon 
said  city  for  ten  miles  from  the  corporate  limits  thereof. 

To  regulate  the  location  and  management  of  starch 
factories,  glue  factories,  renderies,  tallow  candleries,  bone 
factories,  soap  factories,  tanneries,  founderies,  slaughter 
houses,  breweries,  distilleries,  livery  stables  and  of  all  other 
establishments  of  which  the  business  or  trade  may  become 
noxious  or  injurious  to  public  comforT  or  health  ; to  prohibit 
the  erection  of  such  buildings  or  the  continuance  of  sirch 
noxious  or  injurious  occupations  therein  whenever  the  pirblic 
comfort  or  health  requires  it.  For  the  prrrpose  of  this  para- 
graph srrch  city  is  hereby  given  jurisdiction  for  four  miles 
from  the  corporate  limits  thereof. 

To  prevent  or  regulate  the  use  of  firearms,  fireworks, 
bonfires  or  other  things  or  practices  tending  to  endanger 


Protect  prop- 
erty. 

Contempt. 
Census. 
Bequests  to 
city. 


Declare 

nuisances. 

Abatement. 


Regulate  itin- 
erant per- 
formances in 
streets,  etc. 

Purification  of 
water 
and  water 
courses. 


Regulate  loca- 
tion starch, 
bone,  soap 
factories,  etc. 


Jurisdiction. 

Firearms  and 
fireworks. 


108 


LAWS  AND  ORDINANCES. 


Impounding 

stocks. 


Removal  slop, 
garbage,  etc. 


Cleaning  out- 
buildings. 


Storage  of 
gunpowder  or 
other  explo- 
sives. 


Cemeteries. 


Jurisdiction. 


Quarantine, 
pages  6-9. 


Steam 

whistles. 

Public 

markets. 


persons  or  property.  To  regulate  and  prohibit  the  running 
at  large  of  cattle,  horses,  swine,  fowls,  sheep,  goats,  dogs 
or  other  animals ; to  authorize  the  impounding,  keeping,  sale 
and  redemption  of  such  animals  when  found  in  violation 
of  the  ordinances  in  such  cases  provided.  To  prevent  the 
deposit  of  any  unwholesome  substance  either  on  private  oi 
public  property,  compel  its  removal  to  designated  points,  and 
to  require  slops,  garbage,  ashes  and  other  waste  or  unwhole- 
some material  to  be  removed  to  designated  points,  or  to 
require  the  occupants  of  premises  to  place  them  conveniently 
for  removal.  For  the  purpose  of  this  paragraph  jurisdiction 
is  given  such  city  four  miles  from  the  corporate  limits. 

To  compel  the  occupants  of  any  premises,  buildings  or 
out  houses  situated  in  said  city  or  within  four  miles  of  the 
corporate  limits  thereof  when  the  same  has  become  filthy  oi 
unwholesome,  to  abate  or  cleanse  the  same,  and  to  authorize 
the  same  to  be  done  by  the  proper  public  officers,  and  to 
assess  the  expense  thereof  against  such  property.  To  reg- 
ulate or  prevent  the  storage  of  gunpowder,  tar,  pitch,  resin, 
coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro-glycerine, 
dynamite,  giant  powder,  petroleum,  gasoline  or  gas,  or  any 
product  thereof,  or  any  other  explosive  or  combustible 
material,  or  any  material  which,  may  seem  dangerous.  To 
regulate  the  location  and  management  of  cemeteries  or 
burial  places  within  or  without  such  city,  and  to  protect  the 
same  and  provide  for  the  sanctity  of  the  dead ; to  regulate 
or  prohibit  the  interment  of  bodies ; to  authorize  the  removal 
of  bodies  now  or  hereafter  buried,  or  of  cemeteries  to  some 
other  proper  place.  For  these  purposes  such  city  shall  have 
jurisdiction  for  four  miles  from  the  city  limits. 

To  establish  quarantine  regulations.  To  authorize  the 
removal  or  confinement  of  persons  having  infectious  or 
pestilential  diseases.  For  the  purpose  of  this  paragraph  and 
the  preceding  paragraph  jurisdiction  is  given  such  city  for 
four  miles  from  its  corporate  limits. 

To  regulate  or  prohibit  the  ringing  of  bells,  crying  of 
goods  or  sounding  of  steam  whistles.  To  direct  the  location 
and  regulate  the  management  of  all  public  markets  and 
market  places,  whether  established  by  the  city  or  by  private 


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ACTS. 


109 


individuals ; to  prevent  the  offenses  of  regrating  and  fore- 
stalling. To  regulate  and  require  reports  and  records  of 
births  and  deaths,  and  to  make  such  requirements  as  may 
be  deemed  necessary  to  prevent  the  spread  of  contagious  or 
infectious  diseases.  To  authorize  and  require  the  inspection 
and  condemnation,  if  unwholesome,  and  to  regulate  the 
sale  of  meats,  poultry,  fish,  butter,  oleomargarine,  cheese, 
lard,  vegetables,  and  all  other  food  or  provisions.  To  regu  - 
late the  selling,  weighing,  measuring  of  hay,  wood,  coal, 
coke,  and  all  other  articles  sold  by  weights  and  measures, 
and  to  require  dealers  to  keep  honest  weights  and  measures, 
and  to  provide  for  their  inspection  and  selling.  To  authorize 
and  require  the  inspection  and  licensing  of  steam  boilers 
and  elevators,  and  to  prohibit  their  use  when  unsafe  or 
dangerous,  or  without  license.  To  define  fire  limits  in 
such  city,  and  the  character  of  buildings  which  are  forbidden 
to  be  erected  within  such  limits,  and  to  prohibit  the  erection 
of  buildings  in  such  city  without  a license  first  obtained 
therefor,  and  to  regulate  the  construction  of  buildings  to 
prevent  the  spread  of  fire.  To  authorize  and  require  the 
inspection  of  buildings  and  structures  erected  or  to  be 
erected,  or  in  the  process  of  erection.  To  authorize  the 
license  therefor  to  be  revoked,  and  the  condemnation  thereof 
in  whole  or  in  part,  when  dangerous  or  insecure  in  the 
opinion  of  the  Department  of  Public  Works,  and  to 
authorize  the  same  to  be  taken  down  within  a specified  tini(^ 
by  the  owner  thereof,  or  in  default  thereof  to  authorize  the 
same  to  be  taken  down  at  the  owner’s  expense,  or  in  case  of 
an  emergency  to  authorize  the  same  to  be  taken  down  by 
the  Department  of  Public  Works,  without  delaying  for  the 
owner  to  do  so.  To  compel  persons  about  to  undertake 
dangerous  improvements  to  execute  bond  of  sufficient  sure- 
ties, conditioned  that  the  owner  or  contractor  will  pay  all 
damages  which  may  be  sustained  by  any  person  or  property 
from  such  work.  To  make  all  regulations  which  may  be 
deemed  expedient  for  the  promotion  of  health  or  suppression 
of  disease.  To  regulate  the  construction  of  chimneys, 
smoke-stacks,  hearths,  ovens;  the  erection  of  stoves  and 
stove-pipes,  boilers  and  apparatus  used  in  buildings  or  other 


Births  and 
deaths. 


Inspection  of 
meats,  vege- 
tables, etc. 


Wood,  coal, 
rights  of. 


Boiler 

inspection. 

Fire  limits. 


Building,  in- 
spection of. 

License  re- 
voked. 


Dangerous 
improve- 
ments, bonds 
for. 


Promotion  of 
health. 

Smoke  stacks, 
boilers,  etc. 


110 


LAWS  AND  ORDINANCES. 


Fire  escapes. 


Gas  and  water 
pipes,  wires, 
inspection  of. 

Lumber  yards. 


Driving  ve- 
hicles. 


Regulating 

speed. 

Bridges,  cul- 
verts, etc. 

Trenches  in 
streets. 


Sidewalks. 


Sweepings. 


places,  and  to  cause  the  same  to  be  removed  or  made  secure 
then  considered  dangerous ; to  compel  owners  and  occupants 
of  houses  and  buildings  to  make  scuttles  in  the  roof  thereof, 
with  stairs  or  ladders  leading  to  the  same,  and  to  compel 
the  erection  of  fire  escapes.  To  authorize  and  require  the 
inspection  of  gas  pipes,  water  pipes,  plumbing,  drainage, 
sewerage  and  electric  lines  of  wires  on  private  property  or 
elsewhere ; to  compel  them  to  be  repaired  or  made  secure 
by  the  owner  or  occupant,  and  on  failure  of  such  owner  or 
occupant  to  do  so  to  authorize  or  require  the  gas  or  electric 
current  to  be  shut  of¥  from  the  same  until  such  repairs  are 
made.  To  regulate  and  prohibit  the  keeping  of  any  lumber 
yard,  and  the  placing  or  piling  of  any  lumber,  wood  or  other 
combustible  material  within  the  fire  limits. 

STREETS. 

To  prevent  immoderate  or  careless  driving  or  riding. 
To  regulate  the  use  of  streets  and  alleys  by  vehicles,  and 
designate  the  kind  of  conveyances  and  vehicles  which  may 
not  use  designated  streets,  which  have  been  improved,  to- 
gether with  hours  for  the  use  of  such  streets  by  certain 
specified  classes  of  vehicles.  To  prevent  the  incumbering 
of  streets,  alleys,  squares,  sidewalks  and  crossings  with 
vehicles,  horses  or  any  substance  or  material  interfering 
with  the  free  use  of  the  same.  To  regulate  the  speed  of 
horses,  wheeled  vehicles,  cars  and  locomotives.  To  regulate 
and  protect  all  bridges,  culverts,  tunnels,  viaducts,  aque- 
ducts, sewers,  canals  and  hydrants,  wholly  or  partly  in  said 
city,  and  to  prohibit  digging  in  such  streets,  alleys  or 
public  places,  or  in  any  way  injuring,  disturbing  or  making 
holes  in  the  surface  thereof.  To  regulate  the  use  of  side- 
walks and  all  structures  in,  under  or  over  the  same,  and 
to  require  the  owner  or  occupant  of  premises  to  keep  the 
sidewalks  in  front  of  the  same  free  from  snow  and  other 
obstructions,  and  to  prescribe  hours  for  cleaning  the  same. 
To  regulate  and  prevent  the  throwing  or  depositing  of 
sweepings,  dust,  ashes,  offal,  dirt,  garbage,  paper,  hand  bills, 
dirty  liquids  or  any  other  material  into  any  streets,  alleys 
or  public  places.  To  regulate  and  prevent  the  use  of  streets. 


ACTS. 


Ill 


sidewalks  and  public  places  for  signs,  sign  posts,  awnings, 
awning  posts,  poles,  horse  troughs,  steps,  railings,  entrances 
racks,  posting  hand  hills  and  advertisements,  and  displays 
of  goods,  wares  and  merchandise.  To  regulate  and  prohibit 
the  exhibition  or  carrying  of  banners,  placards,  advertise- 
ments or  hand  bills  on  the  streets,  alleys  and  public  places. 
To  regulate  and  prevent  the  flying  of  flags,  banners,  or 
signs  across  the  streets,  or  from  houses. 

^f'o  regulate  the  numbering  of  houses  and  lots,  and 
compel  owners  to  re-number  the  same,  or,  in  default  thereof, 
to  authorize  and  require  the  same  to  be  done  by  the  Depart- 
nient  of  Public  Works  at  the  owner’s  expense,  such  expense 
to  constitute  a lien  upon  the  property  and  enforceable  as 
provided  in  the  ordinance.  To  regulate  or  change  the  name 
of  streets  and  parks.  To  regulate  the  making  of  private 
connections  with  sewer,  gas  and  water  pipes,  and  to  compel 
owners  of  -property  to  bring  such  connections  inside  of  the 
curb  of  streets  before  permanent  improvements  thereof ; 
and  in  default  of  the  owners  making  such  connections  to 
authorize  the  city  to  do  so  at  the  owner’s  expense,  and  to 
make  such  expense  a lien  on  the  property,  and  collectible 
in  the  same  manner  that  expenses  for  sprinkling  streets 
are  collectible. 

OCCUPATIONS. 

To  regulate,  license  and  tax  street  cars,  telephone  and 
telegraph  companies;  the  use  of  coaches,  hacks,  drays  and 
all  other  vehicles  for  the  transportation  of  passengers, 
freight  or  other  articles  to  or  from  points  within  said  citv 
for  hire  or  pay.  To  regulate,  license,  tax,  restrain  or  pro- 
hibit theatrical  and  all  other  exhibitions,  shows  or  entertain- 
ments for  which  money  is  demanded  or  received  : Provided, 
That  lecturers  on  scientific,  historic,  benevolent,  artistic, 
religious  or  literary  subjects,  and  apparatus  for  the 
elucidation  of  the  same  and  specimens  of  fine  art  shall  not 
be  deemed  to  be  within  this  provision.  To  license,  tax, 
regulate  or  prohibit  runners  at  railroad  stations  and  other 
places  for  stages,  cars,  public  houses,  for  other  things  or 
persons.  To  regulate  the  sale  of  all  kinds  of  property  at 

9 


Signs,  awn- 
ings, etc. 
Hand  bills, 
etc. 

Flags,  banners 


Houses, 

number. 


Streets  and 
parks,  name 
of. 

Sewer  con- 
nections. 

Expense 

collectible. 


Vehicle 

license. 


Theatrical, 

etc. 


Runners,  rail- 
road stations, 
etc.,  license. 


112 


LAWS  AND  ORDINANCES 


Auction. 

Sas  and  water 
supply. 


Hawkers,  etc. 


Hackmen,  bill 
posters,  tc. 


Hotels,  etc. 


Liquors. 


Breweries. 

Jurisdiction. 

Lumber  yards, 
livery  stables 
and  scales. 
Junk  stores. 

Dogs. 

Dairies. 

Wheeled 

'Vehicles. 


Branch 

stores. 


auction  in  the  streets,  stores,  shops  or  elsewhere  in  the  city, 
and  to  license  auctioneers. 

To  license,  tax,  regulate  and  prohibit  the  supply,  dis- 
tribution and  consumption  of  artificial  and  natural  gas,  of 
water  and  electricity,  and  to  fix  the  prices  thereof.  To  license, 
tax,  regulate,  suppress  and  prohibit  hawkers  and  itinerant 
dealers,  peddlers  and  pawnbrokers,  and  to  revoke  such 
license  at  pleasure. 

To  license,  tax  and  regulate  public  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  bill 
posters  and  all  other  persons  pursuing  like  occupations,  and 
to  prescribe  their  compensation.  To  license,  tax  and  regu- 
late or  prohibit  all  inns,  taverns,  hotels,  restaurants  or  other 
places  used  or  kept  for  public  entertainments.  To  license, 
tax  and  regulate  the  selling  or  giving  away  of  any  spirituous, 
vinous  or  malt  liquor,  and  to  tax,  license  and  regulate  places 
where  such  liquors  or  either  of  them  are  manufactured  or 
stored,  or  where  such  liquors  or  either  of  them  are  to  be 
used  on  the  premises  where  given  away,  sold,  stored  or 
manufactured  ; but  such  license  shall  not  exceed  the  amount 
])rovided  by  the  laws  of  this  State  for  other  cities  thereof. 
For  the  purpose  of  this  section  jurisdiction  is  given  such 
city  for  four  miles  from  its  corporate  limits.  To  tax,  license 
and  regulate  distilleries  and  breweries,  and  the  depots  or 
agencies  establi.shed  in  said  city  of  all  breweries  and  dis- 
tilleries. To  regulate  and  license  lumber  yards,  livery 
stables  and  public  scales.  To  tax,  license  and  regulate 
second-hand  and  junk  stores,  and  to  forbid  their  purchasing 
or  receiving  from  minors  any  article  whatever  without  the 
consent  of  their  parents  or  guardians.  To  license,  tax, 
regulate  and  prohibit  the  keeping  or  harboring  of  dogs.  To 
license,  tax,  regulate  and  prohibit  dairies  and  keeping  of 
milch  cows. 

To  license,  tax  and  regulate  wheeled  vehicles:  Pro- 

vided, That  the  funds  derived  therefrom  shall  be  applied 
onlv  to  the  maintenance  and  repair  of  streets  and  alleys. 
To  license,  tax  and  regulate  branch  stores  or  establishments 
and  all  other  concerns  established  in  said  city  for  temporary 
business  only. 


\ 


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ACTS. 


113 


MORALS. 

To  preserve  peace  and  good  order,  prevent  vice  and 
immorality,  quiet  riots  and  dispel  disorderly  assemblages. 
To  suppress  gaming  and  gaming-houses  and  places  and 
houses  of  ill-fame  or  assignation,  or  houses  kept  for  any 
immoral  purposes ; to  prohibit  and  destroy  any  instruments 
or  devices  for  gaming,  and  to  restrain  fraudulent  practices. 
To  license,  tax,  regulate,  restrain  or  prohibit  all  tables, 
alleys,  machines,  devices  or  places  of  any  kind  for  sports  or 
games.  To  regulate  the  time  and  place  of,  restrain  or 
prohibit  bathing  in  the  rivers  or  public  waters  of  such  city. 
To  direct  the  location  and  management  of  public  bath- 
houses, to  license  the  same  or  to  require  the  same  to  be 
closed,  if  deemed  expedient. 

To  restrain  and  punish  vagrants,  mendicants,  street 
beggars,  common  prostitutes  and  their  associates,  thieves 
and  criminals,  or  persons  known  or  reputed  to  be  such. 
For  the  purposes  of  the  last  five  paragraphs  such  city  is 
given  jurisdiction  for  four  miles  from  the  limits  thereof. 
To  prohibit  cruelty  to  children  or  animals. 

DRAINAGE. 

To  keep  open  rivers,  streams  or  waterways,  prevent 
the  waters  thereof  from  pollution;  jurisdiction  for  these 
two  purposes  being  given  such  city  for  ten  miles  from  its 
corporate  limits.  To  provide  for  change  in  course  of 
streams,  rivers  or  waterways,  passing  through  or  bordering 
upon  the  corporate  limits  thereof,  and  to  authorize  the 
exercise  of  the  power  of  eminent  domain,  either  within  or 
without  such  city,  for  the  purpose  of  securing  a new  course 
for  such  streams,  river  or  waterways. 

To  provide  on  what  terms  real  estate  in  such  city  may 
be  drained  or  sewered  by  means  of  surface  or  under  drains, 
or  sewers  over  and  across  other  real  estate  therein,  or  within 
four  miles  thereof,  whether  within  or  without  the  limits  of 
another  municipal  corporation,  and  to  provide  the  methods 
assessing  the  property  benefited  thereby  and  collecting  such 
assessment  to  pay  for  the  costs  and  uses  thereof. 


Peace,  good 
order. 

Gambling, 
houses  of  ill- 
fame. 

Gaming 

devices. 


Bathing. 

Bath  houses. 


Vagrants. 
Beggars. 
Jurisdictions. 
Cruelty  to 
children  and 
animals. 


Waterways. 
Change  of 
course. 


Drainage. 


114 


IvAWS  AND  ORDINANCES. 


Speed  of 
trains. 

Fence,  track, 
cattle  guards, 
etc. 


Flagmen. 


Grade  and 
crossings. 


Culverts. 


Gutters. 


Permission  to 
lay  or  remove 
tracks. 


Fire  engines, 
etc. 


RAILROADS. 

To  secure  the  safety  of  citizens  and  others  in  the  run- 
ning of  trains  in  or  through  such  city,  to  require  persons 
or  corporations  owning  or  operating  railroads,  to  fence 
their  respective  railroads,  to  construct  cattle-guards,  street 
crossings  and  viaducts,  and  public  roads  and  to  keep  the 
same  in  repair  and  safe  condition  for  persons  on  foot,  in 
vehicles,  or  otherwise ; to  construct  and  maintain  gates,  and 
to  keep  flagmen  at  railroad  crossings,  and  provide  pro- 
tection against  injury  to  persons  or  property  from  the 
operation  of  said  railroads ; to  authorize  and  require  railroad 
companies  to  change  the  location,  grade  and  crossings  of 
their  respective  railroads ; to  compel  them  to  raise  or  lower 
their  railroad  tracks  to  conform  to  any  grade  which  may 
be  established  by  such  ordinance ; to  compel  persons  or 
companies  owning  or  operating  railroads  to  construct 
bridges,  viaducts  or  tunnels,  and  approaches  thereto,  across 
their  respective  railroads  or  rights  of  way,  at  street  or  alley 
crossings ; to  compel  railroad  companies  to  make  and  keep 
open  and  in  repair  ditches,  drains,  sewers  and  culverts 
along  and  under  their  respective  tracks ; to  require  railroad 
corporations  or  persons  owning  and  operating  railroads  to 
keep  gutters  and  street  crossings  clean  along  their  right 
of  way ; to  prohibit  the  laying  of  any  railroad  track  across 
any  street  or  alley  or  public  place  without  permission  first 
obtained  therefor  from  the  Department  of  Public  Works, 
and  to  provide  for  the  taking  up  and  removing  any  track 
so  laid  without  notice,  and  charge  the  expense  thereof 
against  the  offending  person  or  corporation ; to  require  any 
person  or  company  owning  or  operating  any  railroad  to 
take  up  and  change  the  location  of  any  railroad  track  or 
switch  heretofore  or  hereafter  laid  within  the  limits  of 
said  city. 

To  regulate  and  protect,  except  as  otherwise  herein 
provided,  fire  engines,  hose,  hook  and  ladders  and  all  other 
property  or  apparatus  belonging  to  or  used  by  the  Police 
or  Fire  Department,  and  to  prevent  interference  with  the 
members  of  the  Police  or  Fire  Departments  while  on  duty. 


ACTS. 


115 


I'o  authorize  the  closing  of  any  street,  alley  or  public  place, 
or  part  thereof,  whenever  the  public  safety  may  require. 

To  authorize  the  alienation  and  conveyance  of  any 
property,  real  or  personal,  belonging  to  such  city : Pro- 

vided, That  no  such  property  shall  be  sold  until  the  same 
has  been  appraised  by  three  disinterested  freeholders  of 
such  city,  appointed  by  the  Judge  of  the  Circuit  Court  in 
the  county  where  such  city  is  located,  neither  of  said  ap- 
praisers, to  be  officers  or  employes  of  such  city,  and  their 
sworn  valuation,  in  writing,  returned  to  the  Mayor ; no  sale 
or  conveyance  shall  be  made  for  a less  sum  than  such 
appraisement,  and  in  case  of  real  estate  only  by  a two-thirds 
vote  of  the  Common  Council.  To  regulate  pounds,  market 
houses,  market  places,  houses  of  refuge,  pest  houses, 
hospitals,  dispensaries,  engine  houses  and  all  other  public 
city  institutions. 

MISCELLANEOUS. 

To  regulate  the  building  of  party  walls  and  partition 
fences,  prescribe  in  what  proportion  adjoining  owners  shall 
bear  the  expense  of  the  same,  and  in  what  manner  such 
expense  shall  be  levied  and  collected,  and  to  define  the  terms 
upon  which  partition  walls  already  established  may  be  used 
by  adjoining  owners.  To  carry  out  the  objects  of  the  cor- 
porations not  hereinbefore  particularly  specified  : Provided, 

That  such  ordinances  are  not  inconsistent  with  the  laws 
of  the  State. 

24  Sec.  24.  In  every  ordinance  which  the  Common 

Council  shall  pass  there  may  be  imposed  a penalty  for  the 
violation  or  non-performance  thereof.  This  penalty  may  be 
either  a forfeiture  of  money  or  a fine  or  imprisonment  or 
both  of  the  last  two : Provided,  That  no  penalty  or  fine 

shall  exceed  five  hundred  dollars  ($500.00)  and  no  im- 
prisonment shall  exceed  six  (6)  months  for  one  offense. 

25  Sec.  25.  The  City  Council  shall  have  power  to 
provide  by  ordinance  for  imprisonment  of  any  person 
against  whom  a penalty,  fine  or  cost  for  violation  of  any 
penal  ordinance  shall  have  been  adjudged  until  such  fine, 
penalty  and  costs  are  fully  paid  or  replevied  ; also  to  compel 


Closing  of 
streets,  public 
places,  etc. 

Conveyance  of 
city  property. 


Pounds, 
market 
houses  and 
other  city  in- 
stitutions. 


Party  walls 
and  partition 
fences. 


Penalties. 


Imprisonment. 


116 


LAWS  AND  Olf.DINANCKS. 


Manual  labor. 


Executive 

functions. 


Restriction. 


Investigate 
departments 
and  officers, 
etc. 


Access  to  all 
records. 


Subpoenas. 


Refusal  to  tes- 
tify. 


Report  to 
court. 


the  enforcement  of  manual  labor  by  such  defendant  and 
by  persons  sentenced  to  imprisonment,  by  the  use  of  suf- 
ficient force  and  means. 

26  Sec.  26.  Whenever  any  executive  or  adminis- 
trative function  shall  be  recpiired  to  be  performed  by  any 
ordinance  or  resolution  of  such  Common  Council,  the  same 
shall  be  performed  by  the  proper  executive  department  and 
not  by  said  Council.  No  new  department  shall  be  created; 
said  ordinance  shall  designate  the  department  which  is  to 
perform  the  duties  thereunder,  but  if  designation  is  not 
made,  either  by  statute  or  ordinance  or  resolution,  the 
Mayor  shall  assign  such  duties  to  the  proper  department. 

Investigation  and  Impeachment. 

27  Sec.  27.  The  Common  Council  shall  have  power 
to  supervise  and  investigate  all  departments,  officers  and 
employes  of  the  government  of  such  city,  and  to  examine 
into  any  charge  preferred  against  the  same  and  into  the 
affairs  of  any  corporation,  department  or  board  in  which 
the  city  may  be  interested,  or  with  which  it  may  have 
entered  into  a contract  or  may  be  about  so  to  do.  It  shall 
have  power  of  access  to  all  records  thereto  pertaining,  and 
power  to  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  books,  papers  and  other  evidence  at  any  meeting 
of  the  body,  or  any  committee  thereof,  and  for  that  purpose 
may  issue  subpoenas  and  attachments  in  any  case  of  inquiry, 
investigation  or  impeachment,  and  cause  the  same  to  be 
served  and  executed  in  any  part  of  the  county  where  such 
city  is  located. 

If  any  witness  shall  refuse  to  testify  as  to  any  fact 
within  his  knowledge,  or  to  produce  any  books  or  papers 
within  his  possession  or  under  his  control,  required  to  be 
used  as  evidence  in  any  case,  the  Clerk  of  the  body  by  whose 
authority  such  witness  was  subpoenaed,  if  so  directed  by 
the  body,  or  committee  holding  the  investigation,  shall 
forthwith  report  the  facts  relating  to  such  refusal  to  the 
Circuit  or  Superior  Court  in  such  county  or  Judge  thereof; 
and  all  questions  arising  upon  such  refusal,  and  also  upon 
any  new  evidence  not  included  in  such  first  report,  which 


- 


iirs 


ACTS. 


117 


new  evidence  may  be  offered  either  in  behalf  or  against 
such  witness,  shall  be  heard  by  such  court  or  judge. 

If  the  court  or  judge  determine  that  the  testimony  or 
evidence  required  by  such  witness  is  competent  and  relevant, 
and  material,  and  ought  to  be  given  or  produced  by  the 
witness,  the  court  or  judge  shall  make  an  order  requiring 
the  witness  to  testify  or  to  produce  books  and  papers,  or 
both.  In  case  of  refusal  to  comply  with  such  order,  the 
court  or  judge  shall  have  power  to  commit  the  witness  or 
otherwise  punish  him  for  contempt,  as  provided  for  in  the 
laws  governing  contempt  of  court  in  this  state.  No  witness 
shall  be  execused  from  testifying  in  any  criminal  proceeding 
or  in  any  investigation  or  inquiry  before  the  Council  or 
any  committee  thereof,  or  any  officer  of  the  city  having 
the  right  to  conduct  the  investigation,  touching  his  knowl- 
edge of  any  offense  committed  against  the  provisions  of  this 
act,  or  of  any  ordinance  passed  in  pursuance  thereof,  or 
continued  in  force  by  this  act.  But  such  testimony  shall 
not  be  used  against  him  in  any  criminal  prosecution 
whatever. 


Refusal  to 
obey  order  of 
court  con- 
tempt. 


Testimony  in 
criminal 
cases. 


28  Sec.  28.  Whenever  any  written  charges  shall  Written 
have  been  adopted  by  the  Council,  or  any  committee  thereof,  cf^arges. 
against  any  officer,  employe  or  department  of  the  corpora- 
tion, except  members  of  the  Council,  the  same  shall  l)e 
heard  bv  the  Council,  under  such  regulation  as  may  be 
prescribed  by  ordinance.  It  shall  require  a two-thirds  vote  vote  to  im. 
to  impeach  or  remove  an  officer  or  emplove.  peach. 


Financial. 


29  Sec.  29.  The  Common  Council  shall  have  power  Tax  levy, 
to  order  and  direct  the  levy  of  an  annual  tax,  not  exceeding 
the  rate  of  one  dollar  and  twenty-five  cents  ($1.25)  upon 
every  one  hundred  dollars  ($100)  of  valuation  for  any  one 
year,  as  shown  by  the  tax  duplicate  for  the  current  year,  and 
to  manage  the  finances  of  the  city,  subject,  however  to  the 
powers  and  duties  herein  prescribed  in  respect  to  the  several  collection 
executive  departments  created  by  this  act.  ’ The  assessment 
of  property  and  collection  of  taxes  shall  be  made  as  now 
provided  by  law:  Provided,  That  all  real  estate  within 


118 


LAWS  AND  ORDINANCES. 


Agriculture 

lands. 

Limit  of  In- 
debtedness. 


Loans. 


Issue  of  bonds, 
rate  of 
interest. 


Advertise  for 
sale. 


Sale  of  by 
Comptroller. 


Delivery  to 
City 

Treasurer. 

Duties  of 
Treasurer. 


Report. 


the  limits  of  such  city,  not  exempt  from  taxation  by  the 
laws  of  this  State,  shall  be  assessed  at  its  fair  cash  value, 
without  discrimination  in  the  valuation  of  lands  used  for 
agricultural  purposes  within  the  limits  of  such  city. 

30  Sec.  30.  The  Common  Council  shall  have  power 

to  borrow  money  to  an  amount  not  exceeding  two  per  cent. 
(2  per  cent.)  of  the  taxable  property  of  such  city,  as 
the  same  may  appear  on  the  tax  duplicate  of  such  city,  for 
the  year  in  which  such  loan  shall  be  effected : Provided, 

That  the  entire  money  borrowed  shall  not  at  any  time  exceed 
two  per  cent.  (2  per  cent.)  of  the  taxable  property  of  such 
city,  except  for  the  issue  and  sale  of  refunding  bonds  as 
hereinbefore  provided.  Such  loans  may  be  made  only  for 
the  purpose  of  procuring  money  to  be  used  in  the  legitimate 
exercise  of  the  corporate  powers  of  such  city,  and  for  the 
payment  of  legitimate  corporate  debts. 

31  Sec.  31.  Such  ordinance  for  loans  may  authorize 
the  issue  of  bonds  or  other  city  obligation,  negotiable  or 
not,  bearing  interest  at  a rate  not  exceeding  6 per  cent., 
and  running  not  to  exceed  thirty  years.  Such  ordinance 
shall  provide  for  the  time  and  manner  of  advertising  the 
sale  of  such  bonds  or  other  securities  and  of  the  receipt  of 
bids  for  the  same,  together  with  the  mode  and  terms  of 
sale.  All  duties  with  regard  to  the  preparation,  advertise- 
ment, negotiation  and  sale  of  such  bonds  or  other  securities 
shall  be  performed  by  the  head  of  the  Department  of 
Finance ; said  officer,  after  causing  such  bonds  to  be  properly 
executed,  shall  deliver  the  same  to  the  City  Treasurer, 
taking  his  receipt  therefor,  and  upon  the  conclusion  of  the 
contract  for  the  sale  of  such  bonds  or  other  securities  shall 
certify  to  the  Treasurer  the  amount  which  the  purchaser 
is  to  pay  for  the  same,  together  with  the  name  of  the  pur- 
chaser, and  thereupon  it  shall  be  the  duty  of  the  Treasurer 
to  receive  from  the  purchaser  the  amount  so  certified  by 
the  Department  of  Finance,  and  to  deliver  the  bonds  or 
other  securities  to  the  purchaser,  taking  his  receipt  therefor. 
The  Treasurer  and  head  of  the  Department  of  Finance 
shall  thereupon  each  make  a report  of  his  proceedings  to 
the  Mavor. 


ACTS. 


119 


32  Sec.  32.  Temporary  loans  may  be  authorized  by 
ordinance  of  the  Common  Council  in  anticipation  of  the 
revenue  of  the  city  for  the  current  and  following  year,  and 
payable  within  that  period,  but  the  aggregate  amount  of 
such  temporary  loan  in  any  fiscal  year  shall  not  exceed  the 
amount  of  city  tax  levy  for  the  same  year.  No  temporary 
or  other  loan  upon  the  revenue  of  any  current  or  succeeding 
year  shall  be  made  until  all  temporary  loans  upon  the 
revenue  of  any  preceding  year  shall  have  been  fully  paid. 

33  Sec.  33.  The  Common  Council  shall  have 
power  to  authorize  the  issue  and  sale  of  refunding  bonds 
in  order  to  raise  money  to  take  up  any  outstanding  bonds 
of  such  city,  or  to  exchange  with  the  holders  of  such  out- 
standing bonds.  The  same  shall  be  governed  by  the  pro- 
visions of  the  second  preceding  section,  so  far  as  the  same 
are  applicable. 

34  Sec.  34.  No  order  or  warrant  shall  be  drawn 
against  the  funds  of  such  city  in  the  hands  of  the  Treasurer 
or  other  officer,  unless  an  appropriation  has  been  made  by 
ordinance  of  money  for  such  purpose  which  is  not  ex- 
hausted, or  unless  the  same  shall  be  for  a salary  fixed  by 
statute  or  ordinance,  or  for  the  payment  of  some  judgment 
which  such  city  is  compelled  to  pay. 

35  Sec.  35.  All  bonds  or  other  city  securities  offered 
for  sale,  pursuant  to  the  provisions  of  this  act,  may 
bear  annual  interest  not  exceeding  six  per  cent.  (6  per 
cent.),  may  run  not  longer  than  thirty  years,  and  may 
contain  an  option  allowing  such  city  to  redeem  the  same 
at  earlier  specified  dates  in  whole  or  in  part  if  so  directed 
in  the  ordinance  authorizing  such  issue. 

36  Sec.  36.  If  the  Common  Council  for  any  year 
shall  fail  to  pass  ordinances  fixing  the  annual  tax  levy 
and  appropriating  money  for  the  various  executive  depart- 
ments by  or  before  the  first  day  of  October  in  any  year 
then  and  in  that  case  the  appropriations  made  for  such 
department  or  departments  for  the  preceding  year  shall  be 
deemed  to  be  continued  and  renewed  for  the  current  year, 
and  the  tax  levy  of  the  preceding  year  continued. 


Temporary 

loans. 


Limit  of. 


Refunding 

bonds. 


Warrants 
when  may  be 
drawn. 


Rate  of  in- 
terest on 
bonds. 


Period  of 
bonds. 


Failure  to  fix 
tax  levy. 


10 


120 


LAWS  AND  ORDINANCES. 


Annexation. 


Boundaries. 


Contiguous 

territory. 


Annexation. 


Evidence, 
what  shall  be 


Publication  of 
ordinance. 


Appeal,  when 
, permitted. 


37  Sec.  37.  The  Common  Council  shall  have  power 
by  ordinance  to  declare  and  define  the  entire  corporate 
boundaries  of  such  city,  and  such  ordinance,  properly 
certified,  shall  be  conclusive  evidence  in  any  court  or  pro- 
ceeding of  the  boundaries  of  such  city,  except  as  provided 
in  the  next  section.  Such  ordinance  defining  the  entire 
city  boundary  may  include  contiguous  territory,  whether 
platted  or  not,  not  previously  annexed,  and  such  annexation 
shall  be  binding,  unless  such  newly  annexed  territory  shall 
be  within  the  limits  of  another  town  or  city,  in  which  case 
there  may  be  an  appeal,  as  hereinafter  provided.  Said 
Common  Council  may  also,  by  separate  ordinance,  not  pur- 
porting to  define  the  entire  boundaries  of  such  city  annex 
contiguous  territory,  whether  platted  or  not,  and  whether  in 
the  limits  of  an  incorporated  town  or  not  to  such  city ; and 
a certified  copy  of  such  ordinance  shall  be  conclusive  evi- 
dence in  any  proceeding  that  the  territory  therein  described 
was  properly  annexed,  and  constitutes  a part  of  such  city, 
except  as  provided  in  the  next  section.  Immediately  after 
the  passage  of  every  such  ordinance  as  provided  for  in 
this  section,  the  same  shall  be  published  for  at  least  two 
consecutive  weeks  in  a daily  newspaper  of  general  circula- 
tion published  in  said  city. 

38  Sec.  38.  Whenever  such  territory  is  annexed  to 
such  city,  as  provided  in  the  foregoing  section,  whether 
by  general  ordinance  defining  the  city  boundaries,  or  by 
special  ordinance  for  the  purpose  of  annexing  territory 
and  such  territory  so  sought  to  be  annexed  is  unplatted 
ground  or  lies  within  the  corporate  limits  of  any  other 
town  or  city,  an  appeal  may  be  taken  from  such  annexation 
by  one  or  more  resident  freeholders  in  the  territory  sought 
to  be  annexed,  filing  their  remonstrance  in  writing  against 
such  annexation,  together  with  a copy  of  such  ordinance 
in  the  Circuit  or  Superior  Courts  of  the  county  where  such 
territory  is  situated,  within  ten  days  after  the  last  publica- 
tion provided  for  in  the  preceding  section,  such  written 
remonstrance  or  complaint  shall  state  the  reason  why  such 


ACTS. 


121 


annexation  ought  not  in  justice  to  take  place.  Notice  of 
such  proceedings  by  way  of  summons  shall  be  served  upon 
the  proper  officer  of  the  city  seeking  to  make  annexation, 
and  such  city  shall  become  defendant  in  such  cause,  and 
shall  be  required  to  appear  and  answer  as  in  other  cases. 
The  court  shall  thereupon  proceed  to  hear  and  determine 
such  appeal  without  the  intervention  of  a jury,  and  shall 
give  judgment  upon  the  question  of  such  annexation  ac- 
cording to  the  evidence  which  either  party  may  introduce 
relevant  to  the  issue.  If  the  court  should  be  satisfied  upon 
hearing  that  less  than  75  per  cent,  of  the  resident  free- 
holders of  the  territory  sought  to  be  annexed  have  re- 
monstrated and  that  the  adding  of  such  territory  to  the 
city  will  be  for  its  interest  and  will  cause  no  manifest  injury 
to  the  persons  owning  real  estate  in  the  territory  sought  to 
be  annexed,  he  shall  so  find,  and  said  annexation  shall 
take  place.  If  the  court  shall  be  satisfied  that  75  per  cent, 
or  more  of  the  resident  freeholders  in  the  territory  sought 
to  be  annexed  have  remonstrated,  then  such  annexation 
shall  not  take  place,  unless  the  court  shall  find  from  the 
evidence  that  the  ])rosperity  of  such  city  and  territory  will 
be  materially  retarded  and  the  safety  of  the  inhabitants  and 
property  thereof  endangered  without  such  annexation.  In 
case  the  court  shall  so  find  the  annexation  shall  take  place. 

Notwithstanding  the  remonstrances  such  decision  shall 
be  final,  and  no  appeal  shall  lie  therefrom ; nor  shall  the 
laws  touching  change  of  venue  from  the  county  apply,  but 
changes  of  venue  from  the  judge  may  be  had  as  in  other 
cases.  Costs  shall  follow  judgment.  Pending  such  appeal, 
and  during  the  time  within  which  such  appeal  may  be  taken, 
such  territory  sought  to  be  annexed  shall  not  be  deemed  a 
part  of  the  annexing  city.  Upon  the  determination  of 
such  appeal  the  judgment  shall  particularly  describe  the 
ordinance  upon  which  the  appeal  is  based ; and  it  shall  be 
the  duty  of  the  County  Clerk  to  forthwith  deliver  a certified 
copy  of  such  judgment  to  the  Clerk  of  such  city,  who  shall 
record  the  same  in  the  ordinance  record  and  make  a cross 
reference  to  the  page  thereof  upon  the  margin  where  such 
original  ordinance  was  recorded.  In  case  the  decision  is 


Notice,  how 
served. 


Appeal,  how 
taken. 


Court  io  de- 
termine with- 
out jury. 


Remonstrance. 


Change  of 
venue. 


Duty  of 
County  Clerk. 


122 


I.AWS  AND  ORDINANCES. 


When  decision 
is  adverse  to 
annexation. 


Annexation 
of  part  of 
town 

forbidden. 


Debt  of  an- 
nexed town. 


Disannexing 

territory. 


adverse  to  such  annexation  no  further  annexation  pro- 
ceedings for  such  territory  shall  be  lawful  for  two  years 
after  the  rendition  of  such  judg’ment. 

39  Sec.  39.  No  such  annexation  shall  be  made 
under  the  foregoing  sections,  of  any  part  of  the  territory 
of  any  other  incorporated  town  or  city,  but  only  of  the  whole 
corporate  territory  thereof.  In  case  of  such  annexation  the 
two  corporations  shall  be  deemed  to  be  consolidated,  and 
the  consolidated  corporation  shall  be  bound  for  all  the  debts 
and  liabilities,  and  shall  be  the  owners  of  all  corporate 
property,  franchises  and  rights  of  every  natur.e,  including 
all  taxes  of  both  such  municipal  corporations. 

40  Sec.  40.  The  Common  Council  shall  have  power 
by  ordinance  to  disannex  and  throw  out  any  territory 
forming  a part  of  the  corporate  limits  of  such  city,  upon  a 
petition  of  a majority  of  the  freeholders  resident  therein  • 
but  such  disannexation  shall  not  relieve  such  territory  from 
being  taxed  for  the  purpose  of  paying  any  city  indebted- 
ness existing  before  such  disannexation,  nor  the  interest 
thereon,  nor  any  new  securities  issued  to  refund  such  in- 
debtedness, nor  the  interest  thereon. 


Mayor. 

Clerk. 

Departments. 


Election. 


Terms. 


Qualifications 
of  Mayor. 


EXECUTIVE. 

41  Sec.  41.  The  executive  and  administrative 
authority  of  such  city  shall  be  vested  in  a Mayor,  City 
Clerk,  the  departments  hereinafter  created  or  referred  to, 
and  such  other  officers  as  may  hereinafter  be  appointed  bv 
Virtue  of  this  act. 

42  Sec.  42.  There  shall  be  chosen  at  each  general 
election,  hereinbefore  provided  for,  by  the  voters  of  said 
city,  a Mayor,  a City  Clerk,  each  of  whose  terms  of  office 
shall  commence  at  12  o’clock  noon  on  the  Thursday  next 
after  their  election,  and  shall  continue  two  years,  or  until 
his  respective  successor  is  elected  and  qualified,  except  as 
herein  otherwise  provided.  No  person  shall  be  qualified  for 
the  office  of  Mayor  who  has  not  been  a citizen  and  resident 
of  such  city  for  three  years  previous  to  his  election,  and 
who  IS  not  at  least  twenty-five  (25)  years  of  age. 


ACTS. 


123 


43  Sec.  43.  In  case  of  a vacancy  occurring  in  the 
office  of  Mayor,  from  death,  resignation  or  otherwise,  more 
than  six  months  before  a general  election  shall  occur,  it 
shall  be  the  duty  of  the  acting  Mayor  to  take  official  notice 
thereof,  and  within  ten  (10)  days  thereafter  issue  his 
proclamation  calling  for  a special  election  by  the  voters  of 
such  city  at  a date  therein  named,  not  later  than  forty  (40) 
days  nor  earlier  than  twenty-five  (25)  days  after  the 
issuance  of  such  proclamation  to  fill  such  vacancy  or 
vacancies.  Such  special  election  shall  be  governed  by  the 
laws  and  regulations  governing  general  elections. 

44  Sec.  44.  In  the  case  of  vacancy  in  the  office  of 

Mayor,  from  death,  resignation  or  otherwise,  or  in  case  of 
disability  on  the  part  of  the  Mayor  to  perform  the  duties 
of  his  office,  the  City  Comptroller  shall  perform  the  duties 
of  acting  Mayor,  and  be  entitled  to  his  salary  for  the  time 
being : Provided,  That  during  the  time  of  performing  such 

duties  of  acting  Mayor  he  shall  not  perform  any  duties  as 
Comptroller. 

45  Sec.  45.  It  shall  be  the  duty  of  the  Mayor  to 
cause  the  ordinances  of  the  city  and  the  laws  of  the  State 
to  be  executed  and  enforced ; to  communicate  to  the  Council 
at  least  once  a year  a statement  of  the  finances  and  general 
condition  of  city  aft’airs,  and  also  such  information  in  rela- 
tion to  the  same  as  he  may  be  called  upon  to  furnish  from 
time  to  time ; to  make  such  recommendations  in  writing, 
by  message  to  the  Council,  as  he  may  deem  expedient;  to 
call  special  meetings  of  the  Council  when  he  shall  deem  the 
same  expedient ; to  perform  such  duties  of  an  executive  or 
administrative  character  as  may  be  prescribed  by  law,  and  he 
shall  be  responsible  for  the  good  order  and  efficient  govern- 
ment of  the  city ; to  fill,  by  appointment,  vacancies  for  unex- 
pired terms  in  all  the  elective  offices,  except  that  of  Mayor ; to 
appoint  the  heads  of  departments,  as  hereinafter  created,  who 
shall  hold  office  until  their  successors  are  appointed  and 
qualified  : Provided,  That  the  Mayor  may  at  any  time  suspend 
or  remove  from  office  any  or  all  such  persons,  whether 
appointed  by  him  or  his  predecessors,  by  notifying  them 
to  that  efifect  and  sending  a message  to  the  Council  stating 


Vacancy. 


Special 

election. 

Comptroller 
acting  mayor, 
when. 


Mayor, 
duties  of. 

Enforces 

ordinances. 

Annual  report 
of. 


Recommenda- 

tions. 

Special 

meetings. 


Responsibility 
for  good 
order. 

Fill  vacancies. 


Suspends  and 
removes 
officers. 


124 


LAWS  AND  ORDINANCES. 


Signs  Bonds, 
Contracts, 
Licenses. 

Revocation  of 
licenses. 


Approves  and 
vetoes  ordi- 
nances. 


Appropriation 

ordinances. 


Consultation 
with  heads  of 
departments. 


Record  of 
meetings. 


Examination 
of  accounts. 


in  writing  his  reasons  for  such  removal ; to  sign  all  bonds, 
deeds  and  written  contracts  of  the  corporation,  and  all 
licenses  issued  pursuant  to  law,  by  any  department,  and 
to  revoke  or  suspend  any  such  license ; to  approve  or  dis- 
approve in  writing,  within  ten  (lo)  days  after  receiving 
the  same,  every  ordinance  or  resolution  of  the  Council,  and 
he  shall  transmit  to  the  body  in  which  the  same  originated 
within  such  time  a message  announcing  such  approval  or 
veto ; in  case  of  a veto  he  shall  state  in  writing  his  reasons 
therefor ; and  such  resolution  or  ordinance  shall  not  become 
operative  unless  the  same  is  passed  over  such  veto,  by  a 
two-thirds  vote  of  the  Common  Council : Provided,  That 

in  ordinances  appropriating  money  or  levying  a tax  or  taxes, 
the  Mayor  may  approve  or  disapprove  of  the  separate  items 
of  such  appropriation  or  levy.  In  case  of  disapproval  of 
any  item  or  items,  and  approval  of  the  remainder  of  the 
ordinance,  so  much  of  the  same  as  it  approved  shall  be  law 
and  operative  and  those  items  which  are  disapproved  shall 
not  become  law  and  operative,  unless  passed  over  his  veto 
by  a two-thirds  vote  as  above  provided.  To  call  together 
the  heads  of  departments,  except  of  assessment  and  col- 
lection, for  consultation  and  advice  upon  the  affairs  of  the 
city  at  least  once  a month,  and  to  call  on  the  heads  of  all 
departments  for  reports  from  the  same,  which  it  shall  be 
their  duty  to  prepare  and  submit  in  writing.  Records  shall 
lie  kept  of  such  meetings  as  above  provided  for,  and  rules 
and  regulations  shall  be  adopted  thereat,  for  the  administra- 
tion of  the  affairs  of  the  city  departments  not  inconsistent 
with  any  law  or  ordinance,  which  regulation  shall  prescribe 
a common  and  systematic  method  of  ascertaining  the  com- 
parative fitness  of  applicants  for  office,  position  and 
promotion,  and  of  selecting,  appointing  and  promoting 
those  found  to  be  best  fitted.  To  appoint,  as  often  as  he 
thinks  proper,  three  competent  persons  to  examine  without 
notice  the  amounts  [accounts]  of  any  department,  officer  or 
employe,  and  the  money,  securities  and  property  of  the  city 
in  their  possession  or  charge,  and  report  the  result  of  such 
investigation. 

He  shall  be  the  conservator  of  The  peace  and  as  such 


> ■ 


ACTS. 


125 


shall  have  within  the  city  limits  the  powers  conferred  upon 
Justices  of  the  Peace,  for  that  purpose,  and  shall  perform 
such  other  duties  as  the  nature  of  his  office  and  the  interests 
of  the  city  shall  require.  He  may  take  and  certify  under 
the  seal  of  the  city  the  proof  and  acknowledgement  of  deeds 
and  other  instruments  in  writing  which  shall  be  good  in 
any  court  in  this  State  without  further  authentication,  he 
may  also  take  and  certify  depositions  and  affidavits  and 
the  same  shall  have  a like  force  and  effect  as  if  taken  by 
Justice  of  the  Peace,  he  shall  hold  a city  court  every  day, 
Sunday  excepted,  at  a place  to  be  furnished  by  the  Common 
Council.  While  sitting  as  such  court  he  shall  have  exclusive 
jurisdiction  of  all  prosecutions  for  violation  of  the  by- 
laws and  ordinances  of  the  city ; he  shall  have  within  the 
limits  of  said  city  the  jurisdiction  and  powers  of  a Justice 
of  the  Peace  in  all  matters  civil  and  criminal  arising  under 
the  laws  in  this  state  and  for  crimes  and  misdemeanors 
his  jurisdiction  shall  be  coextensive  with  the  county  in 
which  such  city  is  situated : Provided,  That  in  trials  before 

him  he  shall  have  power  to  adjudge  imprisonment  with 
hard  labor  as  a part  of  his  sentence  not  exceeding  thirtv 
days  in  the  city  or  county  prison. 

In  all  actions  in  the  City  Judge’s  or  Mayor’s  Court 
either  party  may  have  a trial  by  jury  and  a change  of 
venue  to  a Justice  of  the  Peace  in  such  city,  and  an  appeal 
to  a court  of  competent  jurisdiction  under  the  same  re- 
strictions and  in  the  same  manner  as  from  Justice’s  Court 
except  in  cases  where  the  Mayor  has  exclusive  jurisdiction 
no  change  of  venue  shall  be  allowed.  The  same  rules  of 
pleading  and  practice  shall  be  observed  in  the  City  Judge’s 
or  Mayor’s  Court  that  are  in  the  Justice’s  Court. 

The  Mayor  shall  give  bond,  payable  to  the  State  of 
Indiana,  in  any  penal  sum  not  less  than  three  thousand 
dollars,  to  be  approved  by  the  Clerk  of  the  Circuit  Court, 
with  freehold  security,  conditioned  for  the  faithful  per- 
formance as  Mayor  and  all  other  duties  herein  required, 
and  file  the  same  with  the  Clerk  of  the  Circuit  Court  within 
the  time  directed  by  law  for  Justices  of  the  Peace. 

All  fines  and  penalties  collected  by  him  shall  be  paid 


Mayor  shall  be 
conservator 
of  the  peace. 


Mayor  hold 
court  when, 


Mayor’s 

jurisdiction. 


Rules  of  prac- 
tice in  May- 
or’s court. 

Mayor  shall 
give  bond. 


126 


LAWS  AND  ORDINANCES. 


Fines  collected 
Mayor,  pay- 
able to  whom. 


Mayor  to  keep 
docket. 


Fees  entitled 
to. 


pocket  in  case 
of  death 
of  Mayor. 


Mayor’s  fees 
paid  to  Comp- 
troller. 


Actions 
brought  by 
the  city 
What  to  aver. 


to  the  Comptroller  of  the  city  within  one  month  after  the 
same  shall  have  been  received  by  him  in  the  kind  of  a fund 
so  received,  except  when  otherwise  directed  by  acts  pre- 
scribing the  duties  and  powers  of  Justices  of  the  Peace,  in 
which  case  he  shall  pay  all  fines  in  the  same  manner  and 
under  the  same  restriction  that  Justices  of  the  Peace  are 
required  to  do. 

46  Sec.  46.  The  Mayor  or  City  Judge  shall  keep  a 

docket  as  Justices  of  the  Peace  do,  and  in  case  of  the  absence 
of  such  Mayor  or  City  Judge,  for  the  space  of  five  days  or 
more,  or  of  inability  in  consequence  of  sickness  or  other 
causes,  for  a like  period,  shall,  prior  to  the  departure  in  the 
first  case  and  at  the  expiration  of  five  days  in  the  last  case 
(if  his  inability  continue)  deposit,  or  cause  to  be  deposited, 
his  docket  with  any  Justice  of  the  Peace  within  said  city, 
and  such  Justice  shall,  during  such  absence  or  inability,  be 
vested  with,  and  exercise  all  the  judicial  powers  and 
authority  of  said  Mayor  or  City  Judge,  and  be  entitled  to 
his  fees  and  emoluments  therefor,  the  Mayor  or  City  Judge 
shall  be  entitled  to  the  same  fees  as  Justices  of  the  Peace. 
In  case  of  a vacancy  in  the  office  of  Mayor  or  City  Judge,  by 
death,  resignation,  or  otherwise,  the  Council  shall  cause  his 
docket  to  be  placed  in  the  hands  of  some  Justice  of  the  Peace 
of  said  city,  who  shall  act  as,  and  have  all  the  judicial  powers 
and  authority  of  such  Mayor  or  City  Judge,  until  the  vacancy 
can  be  supplied,  as  provided  by  law,  and  the  official  bond 
of  such  Justice  shall  embrace  all  his  official  acts  in  such 
capacity : Provided,  That  all  fees  herein  provided  for  the 

Mayor  or  City  Judge  shall  be  paid  to  such  Mayor-  or  City 
Judge  for  the  use  and  benefit  of  such  city,  which  fees  the 
Mayor  or  City  Judge  shall  pay  into  the  Comptroller’s  office, 
once  in  every  three  months,  for  the  benefit  of  the  general 
funds  of  the  city.  The  Mayor  or  City  Judge  shall  draw  no 
salary  from  the  City  Treasury  until  he  shall  have  filed  with 
the  Comptroller  a relinquishment  and  transfer  to  such  city 
of  all  taxable  fees  allowed  him  bv  law  in  all  cases. 

47  Sec.  47.  Whenever  any  suit  shall  be  instituted  by 
such  city  it  shall  not  be  necessary  to  aver  its  corporate 
organization,  or  the  publication  of  its  by-laws  or  ordinances, 
unless  the  same  is  contradicted  by  affidavit. 


ACTS. 


127 


48  Sec.  48.  In  all  prosecutions  against  any  railroad 
or  other  incorporated  company  for  the  violation  of  any 
ordinance  of  the  Common  Council  of  any  city,  a summons 
may  issue  against  the  company  and  may  be  served  on 
the  President,  Superintendent,  Secretary,  Treasurer,  Station 
Agent  or  General  Agent,  and  upon  the  trial  of  the  cause, 
judgment  may  be  rendered  against  the  railroad  company  for 
such  penalty  as  may  be  adjudged,  or  the  conductors  or  other 
agents  of  the  company  guilty  of  the  violation,  may  be 
arrested  by  warrant,  and  may  be  proceeded  against  per- 
sonally as  in  other  cases. 

49  Sec.  49.  All  actions  brought  to  recover  any  pen- 

alty or  forfeiture  incurred  under  this  act  or  ordinance  made 
in  pursuance  thereof,  shall  be  brought  in  the  corporate  name 
of  such  city,  the  process  in  every  such  action  shall  be  a war- 
rant and  the  person  named  in  such  warrant  shall  be  arrested 
and  retained  in  custody  or  under  reasonable  recognizance 
until  the  next  sitting  of  the  City  Court,  and  it  shall  not  be 
necessary  to  file  with  the  affidavit  or  complaint  a copy  of  the 
ordinance,  or  section  thereof,  charged  to  have  been  violated, 
but  it  shall  be  sufficient  to  recite  in  the  affidavit  or  complaint 
the  number  of  the  section  charged  to  have  been  violated, 
with  the  date  of  its  adoption ; nor  shall  it  be  necessary  to 
copy  any  part  of  the  affidavit  or  complaint  or  other  pleadings 
in  the  record  of  the  cause : Provided,  That  the  Mayor 

shall  note  upon  his  docket  the  parties  to  the  action,  the  title 
to  the  cause,  the  filing  of  the  complaint  or  affidavit,  the 
issuing  and  return  of  process  and  the  judgment  and  pro- 
ceedings had  in  the  cause,  and  the  satisfaction  o^  iudgmrnt 
when  paid. 

50  Sec.  50.  If  the  penalty  or  forfeiture  in  which 
judgment  is  obtained  is  not  paid  or  replevied,  the  defendant 
may  be  committed,  for  any  period  not  exceeding  thirty  days, 
to  the  work-house  of  such  city,  or  if  such  city  has  no  work- 
house  then  the  county  prison  of  the  county  in  which  such 
city  is  situated,  and  in  the  latter  case  it  shall  be  the  duty 
of  the  person  having  charge  of  such  prison  to  receive  such 
defendant,  and  obey  the  judgment  of  the  City  Judge’s  or 
Mayor’s  Court  in  reference  to  him  or  her,  and  in  default  of 


Actions 

against 

railroads. 


Service  on 
whom  in  ac- 
tions against 
railroad. 


Actions 
brought  in 
name  of  City. 


What  com- 
plaint must 
contain. 


What  the 
court’s  record 
must  contain. 


Judgment, 
how  enforced. 


11 


128 


LAWS  AND  OKDINANCKS. 


Length  of 
time  that  con- 
fined. 


Prisoners 
worked  on 
the  street. 


Mayor’s 

salary. 


Clerk,  duties 
of. 


payment  or  replevy  of  such  judgment  and  costs  the  de- 
fendant, unless  a female  may  be  adjudged  and  required  to 
pay  the  same  by  manual  labor  in  said  work-house  or  county 
prison,  or  on  the  street  or  other  public  works  of  such  city, 
under  the  control  of  the  Department  of  Public  Works  of 
such  city,  for  which  labor  such  defendant  shall  be  allowed 
on  such  judgment  and  costs  seventy-five  cents  per  day. 

It  shall  be  the  duty  of  said  Department  of  Public  Works, 
or  such  officer  as  the  Department  of  Public  Works  may 
direct,  to  work  such  defendant  not  less  than  six  nor  more 
than  ten  hours  per  day,  according  to  the  season,  and  each 
evening  return  him  to  the  custody  of  the  keeper  of  such 
prison  or  work-house.  Upon  the  full  payment,  as  afore- 
said, of  the  judgment  and  costs,  such  defendant  shall  be 
fully  discharged.  And  such  Department  of  Public  Works 
is  hereby  authorized  and  required  to  perform  all  the  duties 
herein  prescribed  and  to  use  all  proper  means  thereto ; and 
the  Common  Council  is  hereby  vested  with  full  authority 
to  pass  by-laws  and  ordinances  for  the  purpose  of  com- 
pelling the  enforcement  of  such  manual  labor  by  such  de- 
fendant, by  the  use  of  sufficient  force  and  means  as  they 
may  deem  right  and  proper.  If  any  prisoner  is  required  to 
work  upon  the  streets  and  other  public  works  of  the  city  as 
a part  of  his  punishment,  then  such  city  shall  pay  to  the 
county  the  fees  now  allowed  to  Sheriff  for  boarding 
prisoners  while  such  prisoner  is  confined  in  the  county 
prison  or  jail,  and  such  defendant  may,  at  any  time,  replevy 
and  pay  such  judgment  and  costs;  and  in  case  he  has  per- 
formed labor  under  such  judgment,  he  shall  be  entitled  to 
a credit  for  the  same  amount  of  labor  performed,  and  the 
l^alance  mav  be  paid  or  replevied  as  aforesaid. 

51  Sec.  51.  The  Mayor  of  such  city  shall  be  paid  an 
annual  salary  of  twenty-five  hundred  dollars  ($2,500),  which 
may  be  increased  by  ordinance  to  any  amount  not  exceeding 
three  thousand  dollars  ($3,000),  and  he  shall  receive  no 
other  compensation  whatever. 

52  Sec.  52.  The  Clerk  of  such  city  shall  be  the  Clerk 
of  the  Common  Council,  and  may  appoint  one  or  more 
deputies  at  his  own  expense  to  assist  him ; he  shall  keep  the 
records  of  the  proceedings  of  said  body,  said  City  Clerk 


ACTS. 


129 


shall  have  charge  of  all  the  papers  relating  to  the  business 
of  said  Common  Council,  shall  prepare  and  keep  an  ordi- 
nance book,  as  elsewhere  provided  in  this  act,  shall  have 
charge  of  all  documents  and  books,  the  keeping  of  which 
may  be  entrusted  to  him  by  statute  or  ordinance,  shall 
keep  the  city  seal,  and  shall  perform  all  other  duties  pre- 
scribed by  law  or  incident  to  his  office. 

He  shall  receive  a salary  at  the  rate  of  fifteen  hundred 
dollars  ($1,500)  per  year,  which  may  be  increased  by 
ordinance  at  a rate  not  exceeding  two  thousand  dollars 
($2,000)  for  all  such  services,  and  shall  not  receive  any 
other  compensation,  fee  or  perquisite,  except  for  furnishing 
certified  copies  of  the  records  in  his  possession,  which  shall 
be  received  as  evidence  in  any  proceeding,  and  for  which 
the  said  Clerk  shall  receive  like  fees  as  paid  to  the  County 
Clerks  for  similar  services ; said  Clerk  shall  deliver  over  to 
his  successor  as  soon  as  the  same  shall  have  qualified  for 
office,  all  documents,  books  and  belongings  of  his  office. 
The  City  Clerk  may  be  authorized  by  the  Common  Council 
to  employ  a deputy  at  a salary  not  to  exceed  one  thousand 
dollars  ($1,000)  per  year:  Provided,  That  it  is  shown  to 

the  satisfaction  of  the  Council  that  such  Clerk  is  necessary. 


Ordinance 

book. 


Salary  of 
Clerk. 


Perquisites. 


Deputy  Clerk, 

when. 


DEPARTMENTS. 

53  Sec.  53.  1 he  following  Executive  Departments 

are  hereby  established  in  such  city : 

(a.)  Department  of  Einance. 

(b.)  Department  of  Law. 

(c.)  Department  of  Public  Works. 

(d.)  Department  of  Public  Safety. 

(e.)  Department  of  Assessment  and  Collection. 

(f.)  Department  of  Public  Health  and  Charities. 

No  other  Executive  or  Administrative  Departments 
shall  be  established  in  such  city.  Subordinate  officers  and 
employes  not  herein  provided  for  shall  be  appointed  by  the 
heads  of  their  respective  departments ; each  department  shall 
have  power  to  prescribe  rules  and  regulations  not  incon- 
sistent with  any  statute  or  ordinance,  or  regulation  estab- 
lished pursuant  to  Section  45  of  this  act  for  its  own 
government,  regulating  the  conduct  of  its  officers,  clerks 
and  employes,  the  distribution  and  performance  of  its  bus- 


Departments. 


Officers  not 
provided  for, 
how  appointed. 


Rules. 


130 


LAWS  AND  OKDINANCKS. 


Information 

furnished. 

Mayor  ap- 
points heads 
of  depart- 
ments. 

Officers 

thereof. 

Clerk,  removal 
of. 


Additional 

clerks. 


Official  bonds. 


Heads  of  de- 
partments. 

Qualifications. 


iness  and  preservation  of  books,  records,  paper  and  property 
under  its  control.  Each  department  shall  promptly  furnish 
to  the  Mayor  or  Common  Council  any  information  which 
may  be  called  for  in  relation  to  its  affairs. 

The  heads  of  said  departments,  except  Department  of 
Assessment  and  Collection,  shall  be  appointed  by  the  Mayor. 
The  Departments  of  Public  Works,  Public  Safety  and  Public 
Health  and  Charities  shall  have  power  to  designate  and 
appoint,  and  at  pleasure  to  remove,  a clerk  for  said  depart- 
ments, who  shall  keep  a continuous  record  or  minute  of  all 
official  business  in  said  several  departments,  and  whose 
salary  shall  not  exceed  one  thousand  dollars  ($i,ooo)  per 
annum,  to  be  fixed  by  the  heads  of  such  departments.  In 
case  such  heads  of  such  departments  fail  to  agree  upon  and 
make  such  appointment  within  five  (5)  days  from  the  com- 
mencement of  their  terms  of  office,  it  shall  be  the  duty  of 
the  Mayor  to  designate  and  appoint  such  clerk,  and  the 
clerk  so  appointed  by  the  Mayor  may  be  by  him  removed  at 
pleasure,  but  not  by  such  departments. 

In  the  event  that  one  clerk  shall  not  be  sufficient  to  do 
the  work  of  all  such  departments,  the  Council  may  authorize 
the  appointment  of  such  additional  clerks  as  may  be  neces- 
sary, not  exceeding  one  for  each  of  such  departments : 
Provided,  That  after  the  expiration  of  thirty  (30)  days 
from  the  time  when  a new  officer  or  officers  shall  have  been 
appointed  to  the  head  of  a department,  he  or  they  may 
remove  clerks  or  assistants  only  upon  filing  in  writing  with 
the  City  Clerk  the  reasons  for  any  such  removal,  except 
that  foremen,  inspectors  and  laborers  temporarily  employed 
under  the  Department  of  Public  Works,  may  be  removed 
at  any  time  at  the  pleasure  of  the  department.  All  officers 
shall  give  bond  as  required  by  ordinance  except  when  other- 
wise provided  herein. 

54  Sec.  54.  No  person  shall  be  appointed  as  the 
head  of  any  department  or  as  a member  of  any  Board 
herein  provided  for,  unless  he  shall  have  been  a resident 
and  elector  of  such  city  for  three  years  immediately  prior 
thereto.  No  person  who  is  paid  a salary  for  his  services 
from  the  City  Treasury  shall  receive  to  or  for  his  own  use. 


ACTS. 


131 


directly  or  indirectly,  any  fees,  perquisites  of  office,  com- 
missions, percentages,  or  money  paid  to  him  in  his  official 
capacity  unless  specially  authorized  in  this  act,  but  all  fees, 
perquisites,  commissions,  percentages  and  moneys  so  paid 
and  received  by  or  for  any  such  officer  or  person  shall  be 
the  property  of  the  city,  and  shall  be  paid  by  him  into  the 
Treasury,  and  all  moneys  received  for  licenses  or  permits 
shall  be  paid  into  the  Treasury  weekly  without  deduction  by 
the  officer  or  department  receiving  them,  and  every 
such  officer  or  person  who  shall  receive  any  fees,  per- 
quisites, percentages,  or  other  moneys  which  belong  to 
the  city,  and  should  be  so  paid  into  its  Treasury,  shall, 
before  he  shall  be  entitled  to  receive  or  be  paid  his  salary, 
make,  under  oath,  a detailed  statement  and  return  to  the 
head  of  the  Department  of  Finance  in  such  form  as 
he  may  prescribe,  showing  the  aggregate  amount  of  all 
moneys  received  by  him  since  the  last  preceding  statement 
and  return,  and  shall  produce  a receipt  showing  the  payment 
of  such  sum  to  the  Treasurer.  The  Comptroller  may  require 
any  such  officer  or  person  to  make  such  statement  and  return 
to  him,  if  it  be  not  made  as  herein  provided,  and  examine 
such  officer  or  person  under  oath  touching  the  matter  herein 
provided  for. 

55  Sec.  55.  It  shall  be  the  duty  of  each  executive 
department,  before  the  commencement  of  each  fiscal  year,  to 
submit  to  the  joint  meeting  of  the  heads  of  the  departments 
and  of  the  various  boards  hereinbefore  provided  for  in 
Section  45,  an  estimate  of  the  amount  of  money  required 
for  their  respective  departments  for  the  ensuing  fiscal  year, 
stating  with  as  great  particularity  as  possible  each  item 
thereof. 

The  Comptroller  shall,  at  the  same  time,  submit  a 
statement  or  estimate  of  city  expenditures  for  other  pur- 
poses, for  the  ensuing  year,  over  and  above  the  moneys 
proposed  to  be  used  by  the  various  executive  departments, 
giving  with  as  great  particularity  as  possible  each  item 
thereof.  After  such  meeting  and  reports  and  consultation, 
the  City  Comptroller  shall  thereupon  proceed  to  revise  such 
estimates  for  the  ensuing  year,  and  the  Comptroller  shah 


Fees  and  per- 
quisites. 


All  fees  belong 
to  city. 


Must  make  re- 
port of  all 
moneys  under 
oath. 

Comptroller, 
power  of. 


Duty  of  Ex- 
ecutive 
Department. 


Estimates. 


Comptroller 
shall  submit 
estimate  of 
expenses. 


132 


LAWS  AND  ORDINANCES. 


Duty  of  Com- 
mittee on 
Finance. 


Additional  ap- 
propriations 
may  be  made. 


Power  to  bind 
city  to  con- 
tract, limit. 


Issuing  war- 
rants without 
appropria- 
ticr.s. 


then  prepare  a report  to  the  Mayor  of  the  various  estimated 
amounts  required  in  said  Comptroller’s  opinion  for  each 
executive  department,  and  for  other  city  expenses,  together 
with  an  estimate  of  the  necessary  per  cent,  of  taxes  to  be 
levied.  The  Mayor  shall  at  the  next  meeting  of  the  Common 
Council  present  such  report  with  such  recommendations  as 
he  may  see  fit. 

It  shall  be  the  duty  of  the  Committee  on  Finance  of 
said  Common  Council  thereupon  to  prepare  an  ordinance 
fixing  the  rate  of  taxation  for  the  ensuing  year  and  also 
an  ordinance  making  appropriations  by  items  for  the  use 
of  the  various  executive  departments  and  other  city  purposes 
for  the  ensuing  year ; said  ordinance  may  reduce  any  esti- 
mated item  for  any  executive  department,  from  the  figures 
submitted  in  the  report  of  the  City  Comptroller,  but  shall 
not  increase  the  same  unless  recommended  by  the  Mayor. 
Such  appropriation  ordinance  shall  thereafter  be  promptly 
acted  upon  by  the  Common  Council.  If  at  any  time  aft:r 
the  passage  of  such  ordinance  an  emergency  shall  arise  for 
further  appro]:>riations  for  the  use  of  anv  departments  as 
certified  by  such  department  as  hereinbefore  provided,  or 
other  purposes  during  the  year,  such  additional  appropriation 
may  be  made  on  the  recommendation  of  tlie  Comptroller  by 
a two-thirds  vote  of  the  Council. 

56  Sec.  56.  No  executive  department  officer,  or 
employe  thereof,  shall  have  power  to  bind  such  city  by  any 
contract,  agreement,  or  in  any  other  way,  to  any  extent 
beyond  the  amount  [of  money]  at  the  time  already  appro- 
priated by  ordinance  for  the  purpose  of  such  department, 
and  all  contracts  and  agreements,  express  or  implied,  and 
all  obligations  of  any  and  every  sort,  beyond  such  existing 
appropriations,  are  declared  to  be  absolutely  void. 

57  Sec.  57.  Anv  city  official  who  shall  issue  any 
bond,  certificate  or  warrant  for  the  payment  of  money 
which  shall  purport  to  be  an  obligation  of  such  citv,  and  b' 
beyond  the  unexpended  balance  of  any  appropriation  made 
for  such  purjDose,  or  who  shall  attempt  to  bind  such  city 
by  any  contract,  agreement,  or  in  any  other  way,  to  an  extent 
beyond  the  amount  of  money  at  the  time  already  appro- 


ACTS. 


133 


priated  by  ordinance  for  such  purpose,  and  remaining  at  the 
time  unexpended,  shall  be  liable  on  his  official  bond  to  any 
person  injured  thereby,  and  shall  be  fined  in  any  sum  not 
more  than  one  thousand  dollars  ($i,ooo)  and  imprisoned 
in  the  county  jail  not  more  than  six  months,  either  or  both. 

DEPARTMENT  OF  FINANCE. 

58  Sec.  58.  The  City  Comptroller  shall  be  at  the 
head  of  the  Department  of  Finance,  and  shall  have  an 
appropriate  seal ; he  shall  be  appointed  by  the  Mayor ; his 
salary  shall  be  two  thousand  dollars  ($2,000),  which  may 
be  increased  by  ordinance  to  a sum  not  exceeding  three 
thousand  dollars  ($3,000),  per  year.  The  Comptroller  may 
appoint  a deputy  for  whose  acts  he  shall  be  responsible, 
having  an  annual  salary  of  eight  hundred  dollars  ($800), 
which  mav  be  increased  by  ordinance  to  a sum  not  exceeding 
one  thousand  dollars  ($1,000).  The  Comptroller  and  his 
deputy  are  hereby  authorized  and  empowered  to  administer 
oaths  in  all  matters  relating  to  his  office. 

59  Sec.  59.  It  shall  be  duty  of  the  Comptroller ; 
To  prescribe  the  form  of  reports  and  accounts  to  be  rendered 
to  his  department  and  to  have  the  inspection  and  revision 
of  the  accounts  of  all  other  departments  and  trusts.  To 
audit  the  accounts  of  the  several  departments  and  trusts, 
and  all  other  accounts  in  which  the  city  is  concerned,  and 
submit  annually  to  the  Council  at  the  end  of  each  fiscal 
year  a report  of  the  accounts  of  the  city,  under  his  oath, 
exhibiting  the  revenues,  receipts  and  expenditures,  the 
sources  from  which  the  revenues  and  funds  are  derived, 
which  report  shall  be  published  in  pamphlet  form.  To 
keep  separate  accounts  for  each  specific  item  or  appropria- 
tion made  by  the  Council  to  each  department,  and  require 
all  warrants  to  state  specifically  against  which  of  said  items 
the  warrant  is  drawn.  Each  account  shall  be  accompanied 
by  a statement  in  detail  in  separate  columns  of  the  several 
appropriations,  the  amounf  drawn  on  each  appropriation, 
the  unpaid  contracts  charged  against  it,  and  the  balance 
standing  to  the  credit  of  the  same. 

He  shall  not  suflfer  any  a]ipropriation  to  be  overdrawn 


Penalty. 


City  Comp- 
troller. 


Salary. 


Deputy  Comp- 
troller 

authorized  to 

administer 

oaths. 

Duties  of 
Comptroller. 


Accounts. 


134 


LAWS  AND  ORDINANCES. 


Shall  not 
suffer  appro- 
priations to 
be  overdrawn. 

Issues  all 
Orders  on 
T reasurer. 


Expenditures 
of  Comp- 
troller to  be 
approved  by 
Mayor. 


Illegal  war- 
rants. 


Sell  bonds. 


or  the  appropriation  for  one  item  of  expense  to  be  drawn 
upon  for  any  other  purpose,  or  by  any  department  other 
than  that  for  which  the  appropriation  was  specifically  made, 
except  on  transfers  authorized  by  ordinances.  He  shall 
sign  and  issue  all  orders  for  money  upon  the  City  Treasury, 
and  no  money  shall  be  paid  out  by  the  Treasurer  except 
upon  such  order.  In  case  of  stated  salaries  fixed  by  law 
or  ordinance,  said  Comptroller  shall  issue  orders  therefor, 
but  in  all  cases  he  shall  require  a warrant  to  be  presented  to 
him  from  the  head  of  the  department  under  whose  super- 
vision the  obligation  has  been  incurred,  or  if  not  so  incurred, 
then  such  warrant  shall  be  drawn  by  the  Mayor.  In  no  case 
shall  the  Comptroller  draw  an  order  on  the  Treasury  unless 
there  be  at  the  time  money  in  the  Treasury  properly 
applicable  to  the  payment  thereof.  The  expenditures  of  the 
Comptroller  must  be  approved  in  writing  by  the  Mayor 
before  any  order  is  drawn  therefor.  To  have  charge  of  all 
books  or  papers  pertaining  to  his  department  or  entrusted 
to  the  same,  and  to  turn  the  same  over  to  his  successor. 

If  any  warrant  presented  to  the  Comptroller  contain 
an  item  for  which  no  appropriation  has  been  made,  or  there 
shall  not  be  a sufficient  balance  of  the  proper  fund  for  the 
payment  thereof,  or  which  for  any  cause  should  not  be  ap- 
proved, he  shall  not  approve  the  same,  and  shall  notify  the 
proper  department  of  the  facts.  And  if  the  Comptroller  shall 
approve  any  warrant  contrary  to  the  provisions  hereof,  he 
shall  be  individually  liable  for  the  amount  of  the  same  to  the 
holder  thereof,  and  to  the  extent  of  his  bond ; his  sureties 
shall  also  be  liable.  Whenever  a warrant  shall  be  presented 
to  him,  he  shall  have  power  to  require  evidence  that  the 
amount  claimed  is  justly  due,  and  for  that  purpose  may 
summon  before  him  any  officer,  agent  or  employe  of  any 
department  of  the  city,  or  anv  other  person,  and  examine 
him  upon  oath  relative  to  such  warrant  or  claim.  Such 
persons  so  summoned  shall  be  subject  to  the  provisions  of 
this  act  touching  the  examination  of  persons  by  the  Council, 
said  Comptroller  having  the  same  power  as  such  body. 

To  perform  the  duties  elsewhere  defined  by  this  act 
with  regard  to  the  negotiation  and  sale  of  city  securities, 
and  to  keep  a register  of  all  bonds  of  the  city  and  of  the 


ACTS. 


135 


transfers  thereof,  and  an  account  of  all  outstanding  securi- 
ties. To  manage  and  direct  the  finances  and  accounts  of 
the  city  and  to  make  investment  of  city  funds,  subject  to 
the  ordinances  of  the  Common  Council. 

To  issue  all  city  licenses  of  every  nature  whatever  upon 
the  presentation  and  surrender  of  the  receipts  of  the 
Treasurer  showing  the  payment  of  the  license  fee,  and  to 
collect  Comptroller’s  fees  as  fixed  by  ordinance.  Said 
Comptroller  shall  once  each  week  pay  to  the  Treasurer  the 
amounts  collected  by  his  department  for  the  preceding  week, 
specifying  the  source  from  which  they  have  been  derived, 
and  the  Comptroller  shall  relinquish  in  writing  to  such  city 
all  fees  which  have  been  or  may  be  collected.  To  prescribe 
the  forms  and  methods  of  keeping  and  rendering  all  city 
accounts  and  pay-rolls  to  be  used  in  the  several  departments 
and  offices,  the  manner  in  which  all  salaries  shall  be  drawn 
and  the  mode  by  which  all  creditors,  officers  and  employes 
shall  be  paid.  All  salaries  shall  be  payable  once  in  three 
months.  To  furnish  the  Treasurer  statements  of  all  appro- 
priations made  by  the  Council  before  any  warrants  shall  be 
drawn  on  account  of  the  same,  and  to  notify  the  Mayor  in 
case  of  any  neglect  or  failure  on  the  part  of  an 
officer  or  officers  authorized  to  collect  moneys  for  or  on 
account  of  the  city,  in  the  performance  of  such  duty  or  in 
depositing  their  collections  in  the  Treasury,  and  thereupon 
the  Mayor  shall  suspend  such  officer  or  officers,  and  proceed 
against  them  by  an  action  upon  their  official  bond  or  other- 
wise, as  he  may  deem  best.  To  carefully  examine  the  tax 
duplicates  in  the  hands  of  the  County  Auditor  and  County 
Treasurer  and  see  that  they  are  properly  made  out  so  far 
as  the  same  relate  to  city  taxes,  and  to  see  that  the  assess- 
ment of  property  is  properly  made  out  by  the  Assessor  so  far 
as  the  same  relates  to  city  taxes,  and  to  notify  the  County 
Auditor  of  any  omitted  property  that  may  come  to  his 
knowledge.  To  examine  the  accounts  of  the  Treasurer  and 
make  an  annual  settlement  with  him,  charging  to  such 
Treasurer  the  amount  of  all  taxes  and  other  assessments 
entered  upon  said  duplicate  in  favor  of  such  city,  together 
with  all  penalties,  interest  and  other  sums  in  addition  to 
the  amount  of  such  tax,  which  it  may  be  the  duty,  according 


To  issue 
license. 


Shall  pay  all 
money  into 
treasury. 


Accounts,  pre- 
scribe meth- 
ods of 

keeping  them 


Revenues, 
oversees  col- 
lection of. 


Taxes. 


Treasury  set- 
tlement. 


12 


136 


LAWS  AND  ORDINANCKS. 


Draw  orders 
on  Treasury. 


Drawing  order 
without  ap- 
propriation 
illegal. 


to  law,  of  such  Treasurer  to  collect  in  behalf  of  the  city, 
and  to  credit  him  with  all  disbursements  made  on  account 
of  lawful  orders  drawn  on  him  by  such  Comptroller. 

To  draw  orders  on  the  Treasury  for  miscellaneous  city 
expenditures  not  made  under  the  direction  of  any  Executive 
Department,  nor  specifically  fixed  by  law  as  in  the  case  of 
salaries : Provided,  That  no  such  order  shall  be  drawn 

by  such  Comptroller  unless  the  money  properly  applicable 
thereto  has  been  appropriated  by  ordinance  and  remains 
unexpended,  and  no  liability  shall  accrue  against  such  city, 
nor  can  any  officer,  agent  or  employe  of  such  city  bind  the 
same  directly  or  indirectly  for  any  such  miscellaneous  ex- 
pense without  the  written  approval  of  the  Comptroller 
previously  obtained  and  filed  in  the  Comptroller’s  office,  nor 
in  any  case  beyond  the  appropriation  already  made  and 
remaining  unexpended  available  for  such  purposes.  All 
obligations  in  contravention  of  the  preceding  provisions  are 
declared  to  be  void  for  all  purposes. 


DEPARTMENT  OF  LAW. 


City  Attorney. 

Appointment. 

Bond. 


Salary. 
Duties  of. 


60  Sec.  6o.  The  head  of  the  Department  of  Law 
shall  be  the  Attorney  and  counsel  of  such  city.  He  shall 
be  appointed  by  the  Mayor.  He  is  to  give  a bond  in  the 
sum  of  five  thousand  dollars  ($5,000)  to  be  approved  by 
the  Comptroller.  He  shall  receive  an  annual  salary  of  not 
less  than  fifteen  hundred  dollars  ($1,500)  nor  more  than 
twenty-five  hundred  dollars  ($2,500)  in  full  for  all  services, 
said  salary  to  be  fixed  by  the  Common  Council.  He  shall 
have  the  management,  charge  and  control  of  the  law  business 
of  such  city  and  for  each  branch  of  its  government,  and 
prosecute  all  violators  of  city  ordinances ; shall  draw  up 
ordinances,  leases,  deeds,  contracts  or  other  legal  papers  for 
such  city  and  its  various  departments  when  requested  to 
do  so  by  the  proper  officers ; shall  be  the  custodian  of  the 
papers  properly  appertaining  to  his  office,  and  shall  turn 
the  same  over  to  his  successor  in  office.  He  shall  conduct 
all  legal  proceedings  authorized  by  this  act,  and  all  appeals 
of  every  nature  whatsoever  in  which  such  city  or  the  public 
shall  have  an  interest ; shall  make  all  searches  and  abstracts 


ACTS. 


137 


of  title  required  in  opening,  widening  or  changing  any 
street,  alley  or  public  place. 

All  fees,  perquisites  or  other  emoluments  received  by 
him,  or  payable  to  him,  including  prosecuting  violators  of 
city  ordinances,  shall  be  collected  by  him  for  and  in  behalf  of 
such  city,  a careful  account  kept  thereof,  and  the  same  be 
paid  into  the  city  treasury  once  a week,  said  payment  to 
be  made  under  oath  as  to  the  amount  received.  Such 
attorney  shall  use  all  diligence  to  collect  costs  due  such  city, 
and  all  other  fees  or  recoveries  falling  within  the  purview 
of  his  official  duties.  He  may  employ  a deputy  and  also 
such  other  assistants  as  he  may  be  authorized  to  do  by 
ordinance  and  not  other,  and  shall  promptly  commence 
all  proceedings  necessary  or  advisable  for  the  protection  or 
enforcement  of  the  rights  of  such  city  or  the  public.  He 
shall  report  to  the  Mayor  in  writing  all  such  matters  as  he 
may  deem  important,  and  to  the  Department  of  Finance  all 
judgments  for  which  such  city  shall  be  liable.  No  judgment 
against  such  city  shall  be  enforceable  except  out  of  moneys 
appropriated  for  that  purpose,  but  the  Common  Council  and 
Mayor  may  be  compelled  by  mandamus  proceedings  to  levy, 
collect  and  appropriate  the  necessary  sum  for  the  payment 
of  any  judgment,  in  which  case  such  legislative  bodies  may 
be  sued  collectively  by  their  legal  name,  service  of  process 
being  had  on  any  member  thereof,  and  all  members  shall 
be  bound  by  such  judgment. 


Fees. 


Deputy  and 
Assistants. 


Report  to 
Mayor. 


DEPARTMENT  OF  PUBLIC  WORKS. 


61  Sec.  6i.  The  Department  of  Public  Works  shall 
have  for  its  head  a Board  of  three  members,  to  be  appointed 
by  the  Mayor,  not  more  than  two  of  whom  shall  be  of  the 
same  political  party.  The  Mayor  shall  have  the  power  at 
any  time  to  remove  any  member  of  said  Board  and  to  fill, 
by  appointment,  any  vacancy  occurring  in  said  office.  The 
person  appointed  to  fill  a vacancy  shall  hold  the  office,  subject 
to  removal  by  the  Mayor,  until  his  successor  is  appointed 
by  the  Mayor.  Each  member  of  said  Board  shall  receive 
a salary  at  the  rate  of  one  thousand  dollars  ($i,ooo)  per 
year,  which  may  be  increased  by  ordinance  to  a rate  not 


How  consti 
tuted. 


Removal  by 
Mayor. 


Vacancy. 


Salary. 


138 


LAWS  AND  ORDINANCKS. 


Give  bond. 


Act  as  a board. 


Records. 


City  Civil 
Engineer. 

Salary. 


Power  of 
Board. 
Purchase  of 
real  estate. 


Condemn  real 
estate. 


Custodian  of 
public  prop- 
erty. 


exceeding  fifteen  hundred  dollars  ($1,500)  and  give  bonds 
with  sureties  in  the  sum  of  $5,000,  to  be  approved  by  the 
Comptroller.  Said  Board  shall  choose  a chairman  from 
its  own  number.  No  member  of  said  Board  shall  have 
any  authority  to  act  on  behalf  of  the  same  except  pursuant 
to  an  order  of  the  Board,  regularly  made  at  a meeting  of 
the  same,  at  which  meeting  a majority  of  said  Board  shall 
have  been  present.  All  actions  of  the  Board  shall  be  re- 
corded by  the  Clerk  thereof,  together  with  a record  of  the 
vote  of  each  member,  where  the  vote  is  not  unanimous.  The 
Board  shall  make  rules  governing  the  time  and  place  for 
holding  regular  and  called  meetings,  and  for  giving  notice 
thereof. 

62  Sec.  62.  The  Mayor  shall  also  appoint  a City 
Civil  Engineer,  who  shall  be  subject  to  the  orders  and 
directions  of  said  Board,  and  receive  a salary  of  fourteen 
hundred  dollars  ($1,400)  per  year,  which  may  be  increased 
by  ordinance  not  to  exceed  twenty-five  hundred  dollars 
($2,500)  per  year. 

63  Sec.  63.  The  Board  of  Public  Works  shall  have 

the  power  to  condemn,  hire  or  purchase  any  real  estate  or 
personal  property  needed  by  such  city  for  any  public  pur- 
pose, except  when  a different  provision  for  purchase  is 
made  by  this  act.  Said  Board  may  cause  buildings, 
structures  or  other  things  in  the  way  of  any  street,  sewer 
or  other  public  improvements,  to  be  taken  dowm,  removed 
and  appropriated  upon  the  payment  of  damages  as  herein 
provided.  Said  Board  may  enter  upon,  seize,  appropriate 
and  condemn  the  right  of  way,  yards,  depot,  grounds  or 
other  lands  of  any  railroad  company,  person  or  corporation, 
nassing  through  such  city,  for  street,  sewer  or  alley  pur- 
poses, whether  such  lands  be  occupied  or  not,  upon  the 
payment  of  damages  as  herein  provided : Provided,  That 

when  a sum  of  more  than  two  thousand  dollars  ($2,000) 
is  required  to  be  paid  for  the  condemnation,  hire  or  purchase 
of  any  real  estate  or  personal  property,  the  same  shall  not 
take  place  unless  the  condemnation,  hire  or  purchase  is 
specifically  authorized  by  ordinance.  To  have  charge  of 
all  property,  real  and  personal,  belonging  to  such  city,  and 


ACTS. 


139 


to  care  for  the  same,  except  where  the  custody  of  such 
property  is  by  this  act  placed  under  different  control.  To 
design,  order,  contract  for  and  execute  the  improvement  or 
repair  of  any  property,  real  or  personal,  belonging  to  or 
used  by  such  city,  and  the  erection  of  all  buildings  for 
public  purposes,  together  with  all  fire  cisterns,  pounds  and 
other  structures  of  any  nature  needed  for  any  public  purpose. 
To  approve  the  platting  of  all  streets  and  alleys  in  an^ 
addition  to  such  city,  or  within  the  corporate  limits  thereof ; 
to  require  the  same  to  correspond  in  width,  and  be  coter- 
minus with  the  adjoining  streets  and  alleys.  No  plat  shall 
be  entitled  to  record  in  the  Recorder’s  office  in  the  county 
in  which  such  city  is  located  without  such  written  approval 
endorsed  thereon.  To  lay  out,  open,  change,  vacate,  and  to 
fix  or  change  the  grade  of  any  street,  alley  or  public  place 
within  such  city,  and  to  design,  order,  contract  for  and  ex- 
ecute the  improvement  or  repair  of  any  street,  alley  or  pub- 
lic place  within  such  city.  To  repair,  clean,  light  and 
sprinkle  any  street,  alley  or  public  place  within  such  city 
which  requires  the  same,  in  the  opinion  of  such  Board,  said 
work  to  be  done  either  by  contract  or  otherwise,  and  to 
cause  lamp  posts  or  other  lighting  apparatus  to  be  erected 
in  the  streets,  alleys  or  public  places  of  such  city.  To  lay 
out,  design,  order,  contract  for  and  execute  the  construction, 
alteration  and  maintenance  of  all  public  drains  or  sewers 
within  such  city,  and  all  drains  or  sewers  without 
such  city  and  within  four  (4)  miles  thereof,  which 
may  be  necessary  to  carry  off  the  drainage  of  such  city.  To 
purchase  or  erect,  by  contract  or  otherwise,  and  operate 
water  works,  gas  works,  electric  light  works,  street  car  and 
other  lines  for  the  conveyance  of  passengers  and  freight, 
natural  gas  lines,  telegraph  and  telephone  lines,  for  the  pur- 
pose of  supplying  such  city,  and  the  suburbs  thereof,  or  to 
purchase  or  hold  a majority  of  such  stock  in  corporations 
organized  for  either  of  the  above  purposes  : Provided,  That 

none  of  the  powers  conferred  by  this  paragraph  shall  be 
exercised  except  pursuant  to  an  ordinance  specificallv 
directing  the  same.  To  contract  for  the  furnishing  of  gas, 
either  natural  or  artificial,  water,  steam  or  electricity,  light 


Platting  of 
streets  and 
alleys. 


To  open  and 
fix  grade  of 
streets. 


To  repair 
streets. 
Sprinkling, 
Cleaning. 
Lighting. 


Sewers 
and  drains. 


To  purchase 
waterworks, 
gas,  electric 
light,  street 
cars,  tele- 
phone lines, 
natural  gas. 


Contract  for 
water,  gas. 


140 


I.AWS  AND  ORDINANCES. 


Culverts  and 
bridges. 
Viaducts. 


Franchises — 
telephone, 
water,  gas, 
street  car, 
electric  light. 


Digging  in 
streets. 


Obstructions 
in  streets. 


Levees. 

Water  courses. 
Dead  animals. 


Sewer  system. 


Map  of  sewers, 
gas,  water, 
pipes. 


or  power,  to  said  city  or  the  citizens  thereof,  by  any  com- 
pany or  individual,  and  such  contract  to  fix  the  prices  to  be 
charged  for  the  same  in  such  city,  subject  to  ordinances  of 
such  city  in  relation  to  consumption  by  private  consumers : 
Provided,  That  such  contracts  shall  in  all  cases  be  submitted 
by  said  Board  to  the  Council  of  such  city,  and  be  approved 
by  them  by  ordinance  before  the  same  shall  take  effect.  To 
design,  order,  contract  for,  and  execute  the  erection  of  any 
culvert,  bridge,  way,  viaduct,  tunnel  or  aqueduct  within  such 
city,  or  to  enter  into  a contract  with  any  company  or 
individual  for  the  joint  erection  and  maintenance  by  such 
company  or  individual  and  such  city  of  any  such  structure. 
To  authorize  and  empower  by  contract,  telegraph,  telephone, 
electric  light,  gas,  water,  steam  or  street  car  or  railroad 
companies  to  use  any  street,  alley  or  public  place  in  such 
city,  and  to  erect  necessary  structures  therein,  and  to  pre- 
scribe the  terms  and  conditions  of  such  use ; to  fix  by 
contract  the  prices*  to  be  charged  to  patrons : Provided, 

That  such  contract  shall  in  all  cases  be  submitted  by  said 
Board  to  the  Council  of  such  city,  and  approved  by  them 
by  ordinance,  before  the  same  shall  take  effect;  to  license 
the  digging  of  any  hole,  or  the  removal  of  any  material 
from  the  surface  or  underneath  the  surface  of  any  street, 
alley  or  public  place  in  such  city ; to  require  bonds  for 
damages  and  for  the  proper  replacement  of  the  street,  and 
to  refuse  such  licenses  when  the  public  interest  requires  it. 
To  direct  the  removal  of  any  and  all  structures  in  the  streets, 
alleys  or  public  places  of  such  city,  and  to  remove  the  same 
at  the  expense  of  the  person  maintaining  the  same  on  their 
failure  to  make  such  removal.  To  design,  order,  contract 
for  and  execute  the  erection  of  any  levee  within  the  limits 
of  such  city  or  within  four  (4)  miles  thereof.  To  change 
any  water  course,  natural  or  artificial,  within  such  city  or 
within  tour  (4)  miles  thereof.  To  remove  all  dead  animals, 
garbage,  filth,  ashes,  dirt,  rubbish  or  other  offal  from  such 
city,  either  by  contract  or  otherwise.  To  prepare  a general 
uniform  plan  for  the  drainage  and  sewerage  of  such  city,  and 
extend  the  same  from  time  to  time.  To  make  and  keep  a 
map  and  record  of  all  sewer,  gas,  water,  electric  wire  con- 
duits in  such  city,  public  and  private,  showing  the  size,  depth, 


Ji  , * 


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1 


ACTS. 


141 


inclination,  location  and  date  of  construction  of  the  same, 
and  to  record  therein  every  change  which  may  be  made  in 
the  same,  together  with  all  new  connections  and  improve- 
ments. To  discharge  all  other  duties  of  an  executive 
character  not  falling  within  the  sphere  of  some  other  execu- 
tive department,  or  imposed  upon  this  department  by  ordi- 
nance. To  fill  up  or  drain  any  section  of  ground  within  such 
city  or  within  four  (4)  miles  from  its  corporate  limits  when- 
ever water  has  or  may  become  so  stagnant  or  noxious  as  to 
be  injurious  to  the  public  health  and  comfort  at  the  owner’s 
expense,  the  same  to  be  a lien  and  collectable  by  foreclosure. 
To  construct  urinals  and  fountains  in  public  places.  To  fix, 
establish,  change  and  keep  a record  of  the  grades  of  all 
streets,  alleys  and  sidewalks.  [As  amended  1899,  page  139.] 

64  Sec.  64.  It  shall  be  the  duty  of  said  Board  of 
Public  Works,  whenever  any  work  ‘Ar  improvement  of  any 
character  ordered  or  undertaken  by  it,  is  payable  out  of  the 
general  treasury  of  such  city  from  funds  belonging  to  such 
city,”  or  payable  in  whole  or  in  part  by  assessments  made 
for  that  purpose  upon  the  property  benefited  thereby,  to 
cause  said  work  to  be  done  either  by  independent  contract 
or  by  employes  of  said  Board,  as  said  Board  may  deem  best : 
Provided,  That  in  cases  where  such  work  is  done  by  inde- 
pendent contract,  such  contract  shall  provide  and  stipulate 
under  proper  penalty  that  such  contractor  shall  give  residents 
of  said  city  and  county  wherein  it  is  located  the  preference 
as  emploves.  [As  amended  1899,  page  140.] 

65  Sec.  65.  Whenever  said  Board  shall  order  any 
work  to  be  done,  which  either  by  order  of  said  Board  or 
according  to  law,  it  is  performed  by  independent  contract, 
said  Board  shall  prepare  and  place  on  file  in  the  office  of  said 
department  complete  drawings  and  specifications  of  said 
work.  Thereupon  said  Board  shall  cause  a notice  to  be 
published  in  one  daily  or  weekly  newspaper  of  general 
circulation  published  in  such  city,  once  each  week  for  two 
weeks,  informing  the  public  and  contractors  of  the  general 
nature  of  the  work  and  of  the  fact  that  the  drawings  and 
specifications  are  on  file  in  such  office,  and  calling  for  sealed 
proposals  for  such  work  by  a day  not  earlier  than  ten  (10) 


Stagnant 

water. 


Urinals. 

Grade 
of  streets. 

Public  works, 
how  done. 


Resident  em- 
ployes to  be 
preferred. 

Drawings,  and 
specifica- 
tions. 


Notice  to  con- 
tractors. , 


142 


LAWS  AND  ORDINANCES. 


Combination 
among  bid- 
ders for- 
bidden. 


Penalty. 


Contract. 

Conditions  Im- 
posed. 


Expenses,  how 
paid. 


Condemnation 
of  property. 

Opening  and 
vacating 
streets. 


days  after  the  first  of  said  publications.  Said  Board  shall 
require  each  bidder  or  firm  of  bidders  to  file  with  said 
Board  an  affidavit  that  such  bidder  or  bidders  have  not 
directly  or  indirectly  entered  into  any  combination,  collusion, 
undertaking  or  agreement  with  any  other  bidder  or  bidders 
to  maintain  the  price  of  any  work  or  contract  or  to  prevent 
any  other  bidder  or  bidders  from  bidding  or  to  induce  any 
bidder  or  bidders  to  refrain  from  bidding  on  any  contract 
or  work,  and  that  such  bid  is  made  without  regard  or 
reference  to  any  other  bid  or  bids,  and  without  any  agree- 
ment, understanding,  or  combination,  either  directly  or 
indirectly,  with  any  other  person  or  persons  with  reference 
to  such  bidding  in  any  way  or  manner  whatever.  And  if 
after  any  contract  has  been  let  by  said  Board  it  shall  be 
made  to  appear  to  said  Board  that  the  successful  bidder  has 
been  guilty  of  any  collusion,  combination,  understanding  or 
agreement,  as  defined  in  said  affidavit,  such  bidder  shall 
forfeit  said  contract  and  such  work  shall  be  relet  by  said 
Board.  The  Board  may,  in  its  discretion,  fix  a later  day 
for  receiving  such  sealed  proposals,  provided  such  date 
shall  be  mentioned  in  each  of  such  notices.  Said  Board 
shall,  if  a satisfactory  bid  be  received,  let  such  contract  to 
the  lowest  and  best  bidder.  Such  Board  may  by  order 
impose  further  conditions  upon  bidders  with  regard  to  bond 
and  surety  guaranteeing  the  good  faith  and  responsibility 
of  such  bidders  or  insuring  the  faithful  completion  of  such 
work,  according  to  contract,  or  for  keeping  the  same  in 
repair  for  any  length  of  time,  or  for  any  other  purpose.  [As 
amended  1899,  page  141.] 

66  Sec.  66.  All  the  expense  incurred  or  authorized 
by  such  Board  of  Public  Works  shall  be  payable  out  of  the 
general  funds  of  such  city  appropriated  to  the  use  of  such 
Board  and  available  for  the  particular  purpose,  except  where 
this  act  specifically  directs  that  the  same  is  to  be  paid  for  by 
assessments  against  property  holders. 

67  Sec.  67.  Whenever  the  Board  of  Public  Works 
shall  desire  to  appropriate  or  condemn,  for  the  use  of  such 
city,  and  [any]  property,  real  or  personal,  or  to  open,  change, 
lay  out  or  vacate  any  street,  alley  or  public  place  within 


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ACTS. 


143 


such  city,  including  proposed  street  or  alley  crossings  of 
railways  in  cases  where  the  proposed  street  or  alley  is  to 
cross  a railway,  it  shall  adopt  a resolution  to  that  effect, 
describing  the  property  which  may  be  injuriously  or 
beneficially  affected,  and  shall  cause  notice  of  such  resolution 
to  be  published  in  some  daily  newspaper  of  general  cir- 
culation in  such  city  once  each  week  for  two  weeks.  Such 
notice  shall  name  a date,  after  the  last  day  of  publication, 
at  which  said  Board  will  receive  or  hear  remonstrances  from 
persons  interested  in  or  affected  thereby.  Said  Board  shall 
consider  such  remonstrances,  if  any,  and  thereupon  take 
final  action,  confirming,  modifying  or  rescinding  their 
original  resolution.  Such  action  shall  be  final  and  con- 
clusive upon  all  persons,  except  the  dismissal  and  abandon- 
ment of  the  proceedings,  as  hereinafter  provided. 

68  Sec.  68.  Upon  the  final  order  being  made,  as 
provided  in  the  preceding  section,  said  Board  shall  cause 
to  be  prepared  a list  or  roll  of  all  the  owners  or  holders  of 
property  and  of  valuable  interests  therein  sought  to  be  taken 
or  to  be  injuriously  affected,  and  in  the  case  of  opening, 
laying  out,  change  or  vacation  of  any  street,  alley  or  public 
place  in  such  city,  or  within  four  (4)  miles  thereof,  a list  of 
the  owners  or  holders  of  property  or  of  valuable  interests 
therein  to  be  beneficially  affected  by  such  work.  Such  list 
shall  not  be  confined  to  the  owner  of  property  along  the  line 
of  proposed  work,  but  shall  extend  to  and  include  all  prop- 
erty taken,  benefited  or  injuriously  affected.  In  addition  to 
such  list  of  names,  the  name  shall  show,  with  reasonable 
certainty,  a description  of  such  property  to  be  taken  or  af- 
fected, either  beneficially  or  injuriously,  belonging  to  such 
persons.  No  greater  certainty  in  names  or  description  shall 
be  necessary  to  the  validity  of  any  assessment  than  is  re- 
quired in  the  assessment  of  taxes. 

69  Sec.  69.  Upon  the  completion  of  such  list,  said 
Board  shall  proceed  to  award  the  damages  sustained,  and  to 
assess  the  benefits  accruing  to  each  piece  of  property  of  said 
list.  When  such  assessment  or  awards  are  completed,  said 
Board  shall  cause  a written  notice  to  be  served  upon  the 
owner  of  each  piece  of  property,  showing  the  amount  of 

13 


Notice  in  daily 
newspaper. 


Hearing. 


List  of  persons 
affected  by 
condemna- 
tion. 


Property 

described. 


Damages  and 
benefits. 


Notice  of  as- 
sessments. 


144 


I.AWS  AND  ORDINANCKS. 


Non-resident. 


Remonstrance. 


Minors  and 
persons  of 
unsound 
mind. 


Defect  in  pro- 
ceedings. 


Remonstrance. 


such  assessment  or  award,  by  leaving  a copy  of  the  same 
at  his  last  usual  place  of  residence,  in  such  city,  or  by 
delivering  a copy  to  such  owner  personally.  If  such  person 
be  a non-resident,  or  his  residence  shall  be  unknown,  then 
he  shall  be  notified  by  publication  in  some  daily  newspaper 
of  general  circulation  in  such  city  once  each  week  for  three 
successive  weeks.  Such  notice  shall  also  name  a day,  not 
earlier  than  ten  (lo)  days  after  service  of  notice  or  after 
the  last  publication,  as  the  case  may  be,  on  which  said  Board 
shall  receive  or  hear  remonstrances  from  persons  with  regard 
to  the  amount  of  their  respective  awards  or  assessments. 
Persons  not  included  in  such  lists  of  assessments  or  awards, 
and  claiming  to  be  entitled  to  the  same  shall  be  deemed  to 
have  been  notified  of  the  pendency  of  the  proceedings  by  the 
original  notice  of  the  resolution  of  the  Board. 

70  Sec.  70.  In  case  any  person  having  any  interest 

in  land  affected  by  such  proceedings  shall  be  of 
unsound  mind  or  an  infant,  said  Board  of  Public  Works 
shall  certify  the  same  to  the  City  Attorney,  and  said  City 
Attorney  shall  forthwith  apply  to  the  proper  Court  and 
secure  the  appointment  of  a guardian  for  such  infant  or 
person  of  unsound  mind ; and  thereupon  said  Board  shall 
give  notice  to  such  guardian,  who  shall  thereupon  appear 
and  protect  the  interest  of  his  ward : Provided,  That  if 

such  infant  or  person  of  unsound  mind  already  have  a 
guardian,  such  notice  may  be  served  on  such  guardian.  The 
requisites  of  such  notice  to  such  guardian  shall  be  the 
same  as  in  the  case  of  other  notices.  If  there  be  a defect  in 
the  proceedings  with  respect  to  one  or  more  interested  per- 
sons, the  same  shall  not  affect  such  proceedings,  except  so 
far  as  it  may  touch  the  interest  or  property  of  such  person 
or  persons,  and  shall  not  avail  any  other  person  concerned 
therein.  In  case  of  such  defect,  supplementary  proceedings 
of  the  same  general  character  as  those  heretofore  prescribed 
may  be  had  in  order  to  supply  the  same. 

71  Sec.  71.  Any  person  notified  or  deemed  to  be 
notified,  under  the  preceding  sections,  may  appear  before 
such  Board  on  the  day  fixed  for  hearing  such  remonstrances 
with  regard  to  awards  and  assessments,  and  remonstrate 


ACTS. 


. 145 


against  the  same.  After  such  remonstrances  shall  have 
been  received,  said  Board  shall  thereupon  either  sustain  or 
modify  the  awards  or  assessments  in  the  cases  of  such 
remonstrances,  but  in  no  other  case.  Any  person  thus 
remonstrating  who  is  aggrieved  by  the  decision  of  the  Board 
may,  within  twenty  (20)  days  thereafter  take  an  appeal 
to  the  Circuit  or  Superior  Court  in  the  county  in  which  said 
city  is  located.  Such  appeal  shall  only  affect  the  assessment 
or  award  of  the  person  appealing. 

72  Sec.  72.  Such  appeal  may  be  taken  by  filing  an 

original  complaint  in  such  court  against  such  city  within  the 
time  named,  setting  forth  the  action  of  said  Board  of  Public 
Works  in  respect  to  such  assessment,  and  stating  the  facts 
relied  upon  as  showing  an  error  on  the  part  of  such  Board. 
Such  court  shall  rehear  the  matter  of  such  assessment  de 
novo,  and  confirm,  lower  or  increase  the  same  as  may  seem 
just.  In  case  such  court  shall  reduce  the  amount  of  benefits 
assessed  against  the  land  of  such  property  holders,  or 
increase  the  amount  of  damages  awarded  in  his  favor  to 
the  extent  of  10  per  centum  of  such  benefits  and  [or] 
damages,  the  plaintiff  in  such  suit  shall  recover  costs,  other- 
wise not.  The  judgment  of  such  court  shall  be  final,  and 
no  appeal  shall  lie  therefrom : Provided,  If  upon  such 

appeal  the  report  of  the  Board  of  Public  Works  as  to 
benefits  or  damages  be  greatly  diminished  or  increased,  the 
city  may,  upon  the  payment  of  costs,  discontinue  such 
proceedings. 

73  Sec.  73.  On  the  completion  of  such  assessment 
roll  by  said  Board  of  Public  Works,  the  same  shall  be 
forthwith  delivered  to  the  Department  of  Finance,  and  from 
that  time  the  respective  amounts  of  benefits  therein  assessed 
shall  severally  be  liens,  superior  to  all  other  liens  except 
taxes,  against  the  respective  lots  or  parcels  of  land  upon 
which  they  are  assessed.  Said  Department  of  Finance  shall 
at  once  prepare  a duplicate  of  said  assessment  roll  of  benefits, 
the  same  to  be  known  as  the  local  assessment  duplicate, 
and  deliver  the  same  to  the  Treasurer.  The  duties  of  the 
Treasurer  and  the  Department  of  Finance  in  respect  thereto 
shall  be  the  same  as  hereinafter  more  specifically  prescribed 
with  regard  to  assessments  for  street  improvements. 


May  appeal  to 
Circuit  or  Su- 
perior Court. 


Appeal,  how 
taken. 


How  tried. 


No  further  ap- 
peal allowed. 


Assessments 
shall  be  liens 
on  property. 


T reasurer’s 
duties. 


146 


LAWS  AND  ORDINANCES. 


Assessments, 
when  due. 


Foreclosure. 


Demand. 

Notice. 


City’s  portion 
of  damages. 


Limits  of  city 
portion. 


Surplus  to  go 
to  city. 


Damage,  how 
paid. 


74  Sec.  74.  Said  assessments  of  benefits  shall  be 
due  and  payable  to  the  Treasurer  from  the  time  of  the 
delivery  of  said  assessment  duplicate  to  said  Treasurer.  If 
not  paid  within  sixty  (60)  days  thereafter,  the  said  city,  by 
its  attorney,  shall  proceed  to  foreclose  said  liens  in  a court 
of  competent  jurisdiction  as  mortgages  are  foreclosed  with 
similar  rights  of  redemption,  and  have  the  same  sold  to  pay 
such  assessments.  Such  city  shall  recover  costs,  with  a 
reasonable  attorney’s  fee,  and  interest  from  the  expiration 
of  the  sixty  (60)  days  hereinbefore  allowed  for  payment, 
at  a rate  of  six  per  cent.  (6  per  cent.)  per  annum.  In  all 
cases  where  the  party  against  whom  the  assessment  is  made 
is  a resident  of  such  city,  demand  for  the  payment  of  the 
same  shall  be  made  by  delivering  to  him  personally,  or 
leaving  at  his  last  and  usual  place  of  residence,  a notice  of 
such  assessment  and  demand  for  payment. 

75  Sec.  75.  Said  Board  of  Public  Works  shall  have 

power  to  determine  what,  if  any,  part  of  the  damages 
awarded  shall  be  paid  out  of  funds  appropriated  for  the 
use  of  such  Board  by  the  Common  Council : Provided, 

That  not  more  than  $2,000  in  damages  shall  be  paid  out 
of  the  city  funds  for  any  improvement  or  condemnation 
unless  pursuant  to  an  ordinance  appropriating  for  the  specific 
improvement  or  condemnation.  All  benefits  assessed  and 
collected  by  the  Treasurer  shall  be  subject  to  draft  in  the 
usual  manner,  upon  certificate  by  the  Board  of  Public  Works 
in  favor  of  persons  in  whose  favor  damages  have  been 
awarded.  Any  surplus  remaining  above  actual  awards 
shall  belong  to  such  city.  Said  board  may  delay  proceed- 
ings until  such  benefits  have  been  collected. 

76  Sec.  76.  It  shall  be  the  duty  of  the  Board  of 
Public  Works,  upon  the  completion  of  their  award  of 
damages,  or  whenever  any  time  for  delay  as  above  mentioned 
shall  have  expired,  to  make  out  certificates  for  the  proper 
amounts  and  in  favor  of  the  proper  persons,  upon  the  pre- 
sentation of  which  to  the  head  of  the  Department  of 
Finance  such  person  shall  be  entitled  to  a warrant  on  the 
City  Treasury.  Such  certificates  or  vouchers  shall,  when- 
ever practicable,  be  tendered  actually  to  the  person  entitled 


.V 


* '♦  3 


1 


ACTS. 


147 


thereto,  but  where  this  is  impracticable  the  same  shall  be 
kept  for  such  person  in  the  office  of  said  Board  of  Public 
Works,  and  the  making  and  fixing  of  such  certificate  shall 
in  all  cases  be  deemed  to  be  valid  and  effectual  tender  to  the 
person  entitled  thereto,  and  the  same  shall  be  delivered  to 
him  on  request.  In  case  of  a dispute  or  doubt  as  to  which 
of  the  various  persons  said  money  shall  be  paid,  said  Board 
shall  make  out  such  certificate  in  favor  of  the  City  Attorney 
for  the  use  of  the  persons  entitled  thereto,  and  said 
Attorney  shall  thereupon  draw  the  money  and  pay  the 
same  into  court  in  a proper  proceeding,  requiring  the 
various  claimants  to  interplead  and  have  their  respective 
rights  determined.  In  any  case  where  an  injunction  is 
obtained  because  damages  have  not  been  paid  or  tendered, 
said  Board  may  tender  such  certificate  for  the  amount 
thereof,  with  interest  from  the  time  of  entry  upon  the 
property,  if  any  has  been  made,  and  all  accrued  costs,  and 
thereupon  the  injunction  shall  be  dissolved.  The  pendency 
of  an  appeal  shall  not  affect  the  validity  of  a tender  made 
under  this  section,  but  such  city  shall  be  entitled  to  proceed 
with  its  approbation  of  the  property  in  question. 


Question  of 
title. 


Appeal  does 
not  stay  pro- 
ceedings. 


STREET  IMPROVEMENTS. 


77  Sfx.  77.  Whenever  the  Board  of  Public  Works 
shall  order  the  improvement  of  any  street,  allev,  sidewalk 
or  other  public  place  in  said  city,  in  whole  or  in  part,  it 
shall  adopt  a resolution  to  that  effect,  setting  forth  therein 
character  of  the  improvement,  the  plans  and  specifications 
of  the  work  in  detail  and  the  different  materials  that  the 
Board  will  consider  and  may  determine  to  select  or  adopt 
upon  the  receiving  of  bids  for  such  work,  as  hereafter  pro- 
vided : Provided,  That  such  resolution  shall  name  not  less 

than  three  kinds  of  material  to  be  considered  in  street  im- 
provements. Notice  of  such  resolution  shall  be  published, 
remonstrances  heard  as  to  the  necessity  of  said  improvement, 
said  resolution  modified,  confirmed  or  rescinded  in  the  same 
manner  as  heretofore  more  specifically  provided  by  this  act 
with  regard  to  the  condemnation  of  property  and  the  opening 
of  streets.  If  such  original  resolution  be  altered,  confirmed 


Resolution, 

contracts. 


Notice  of  reso- 
lution. 


148 


LAWS  AND  ORDINANCES. 


Remonstrance 
against  im- 
provement. 

Two-thii’ds 
vote  required. 

Advertising 
for  bids. 


Selection  of 
material. 


Two-thirds  to 
reverse 
Board. 


Cost  of  im- 
provement, 
how  esti- 
mated. 


To  be  assessed 
according  to 
benefits. 


or  modified,  it  shall  be  final  and  conclusive  on  all  persons, 
unless  within  ten  days  thereafter  two-thirds  of  the  resident 
freeholders  along  and  upon  such  street  or  alley  remonstrate 
against  such  improvement.  In  case  of  such  remonstrance, 
the  improvement  shall  not  take  place  unless  specifically 
ordered  by  an  ordinance  within  sixty  days  thereafter,  passed 
by  a two-thirds  vote  of  the  Council,  which  ordinance  shall 
be  valid  without  the  approval  of  the  Mayor.  If  said  Board 
shall  finally  order  such  improvements,  it  shall  advertise  for 
bids  for  all  the  different  materials  specified  in  the  original 
resolution  in  accordance  with  the  various  plans  and 
specifications  relating  thereto  on  file  in  the  office  of  the 
Board  of  Public  Works ; upon  the  opening  of  said  bids, 
said  Board  shall  adopt  the  material  and  plans  to  be  used  in 
such  improvement  out  of  the  different  bids  that  were 
received,  unless  all  bids  are  rejected,  and  the  Board’s  action 
shall  be  binding  and  conclusive  upon  all  persons  affected  by 
said  improvement  without  further  notice,  unless  within  five 
days  thereafter  freeholders  owning  two-thirds  of  all  the 
real  estate  along  and  upon  such  street  or  alley  shall  by 
written  request  to  the  Board,  ask  the  adoption  of  some  other 
material,  upon  which  bids  have  been  received,  in  which  case 
the  Board  shall  adopt  such  material.  [As  amended  1899, 
page  342.] 

78  Sec.  78.  If  said  streets  be  constructed,  all  lands 
or  lots  or  parcels  of  land  or  lots  lying  between  the  edge 
of  such  street  and  a line  drawn  an  equal  distance  from  such 
edge  of  such  street  and  the  edge  of  the  next  street  running 
parallel  thereto,  shall  be  assessed  and  made  liable  to  pay 
the  cost  of  constructing  such  street  so  improved,  and  the 
amount  of  the  several  assessments  shall  be  ascertained  and 
estimated  as  follows : The  total  cost  of  improving  such 

street  or  alley  shall  first  be  ascertained  and  the  amount 
thereof  shall  be  divided  by  the  number  of  feet  the  same  as 
in  length,  and  the  cost  of  each  running  foot  shall  be  assessed 
upon  the  lots  and  land  fronting  or  abutting  thereon,  if 
such  land  or  lots  extend  to  said  line  as  hereinbefore  stated 
in  the  proportion  that  the  same  fronts  or  abuts  upon  such 
street  compared  with  the  entire  length  of  such  improvement. 


ACTS. 


149 


If  the  land  or  lots  belong  to  different  persons,  then  such 
Board  shall  assess  such  cost  against  the  various  land  owners 
and  upon  the  various  lots  or  parcels  of  land  herein  declared 
liable  to  pay  for  such  improvement  according  to  the  benefits 
received  from  such  improvement,  because  of  being  upon, 
near,  or  having  access  to  such  improvement,  and  such  benefit 
shall  be  without  regard  to  the  assessment  for  taxation  herein 
provided.  Such  city  shall  be  liable  to  the  contractor  for  the 
contract  price  of  such  improvement  to  the  extent  of  the 
moneys  actually  received  by  said  city  from  the  assessment 
for  such  improvement  hereinafter  provided  for,  and  for  its 
pro  rata  share  for  street  and  alley  crossings ; the  city  to  pay 
for  whatever  work  is  done  on  such  improvement  that  is  not 
in  front  of  some  lot  or  tract  of  ground  ; the  computation 
to  be  made  as  hereinbefore  provided.  Such  city  shall  have 
separate  and  several  liens  on  such  lands  or  lots  from  the 
time  the  contract  for  such  improvement  is  finally  let  for 
the  respective  assessments  against  each  lot  or  parcel  of 
land.  [As  amended  1895,  page  239.] 

79  Sec.  79.  The  lien  herein  given  upon  the  several 
lots  and  parcels  of  land  or  tracts  of  land  shall  be  deemed 
to  include  the  assessment,  principal  and  interest,  together 
with  costs  of  foreclosure  and  a reasonable  attorney's  fee. 
The  lien  of  the  same  shall  have  precedence  over  all  liens 
except  taxes.  Any  mistake  in  the  description  of  the  property 
or  the  name  of  the  owner  shall  not  vitiate  such  liens  Such  city 
shall  be  liable  to  pay  for  all  that  part  of  the  street  or  alley 
crossings  which  shall  be  occupied  by  street  or  alley  crossings 
and  not  in  front  of  any  land  or  lots  as  hereinbefore  provided, 
and  said  Board  shall  order  that  pro  rata  part  paid  out  of 
the  funds  at  their  disposal  for  that  purpose,  to  that  extent, 
reducing  the  total  amount  to  be  apportioned  against  property 
holders.  If  before  ordering  such  improvements  any  land 
or  lots  have  already  any  improvements  in  front  thereof, 
conforming  to  the  general  plan,  said  Board  shall  make  an 
allowance  to  said  owner  thereof,  to  be  deducted  from  his 
assessment  and  from  the  total  amount  of  the  contract  price. 
[As  amended  1895,  page  240.] 

80  Sec.  80.  Whenever  said  Board  of  Public  Works 


City  to  pay 
street 
crossing. 


Liens  include 
what. 


Liens,  priority 
of. 


City  to  pay. 


Property  en- 
titled to 
credit,  whea. 


May  pay  as- 
sessments in 
installments. 


Installments, 
how  paid. 


Assessment 
roll,  how 
made. 


Delivered  to 
Comptroller. 


150  LAWS  AND  ORDINANCES. 

shall  order  the  improvement  of  any  street  or  alley,  as  pro- 
vided in  the  preceding  sections,  the  assessment  for  such 
improvement  may,  at  the  option  of  each  property  holder,  be 
payable  in  ten  ( lo)  annual  installments,  as  follows : Ten 

(lo)  per  cent,  of  the  principal,  together  with  all  accrued 
interest  of  the  entire  assessment,  on  or  before  the  third 
Monday  of  April  next  succeeding  the  allowance  of  the 
final  estimate  on  such  work  by  said  Board,  except  where 
such  estimate  has  been  made  between  March  1 5 and  October 
I,  of  any  year,  in  which  case  such  first  installment  shall  be 
payable  on  the  first  Monday  of  November  next  succeeding 
such  estimate.  The  next  payment  on  said  assessment  shall 
be  six  (6)  months’  interest  on  the  unpaid  principal,  payable 
at  the  date  for  the  general  payment  of  taxes,  either  spring 
or  fall,  as  the  case  may  be,  next  after  the  installment  on 
such  assessment  falls  due.  The  next  payment  on  said 
assessment  shall  be  ten  (10)  per  cent,  of  the  original  prin- 
cipal and  six  (6)  months’  interest,  on  the  unpaid  principal, 
payable  on  or  before  the  date  for  the  general  payment  of 
taxes,  spring  or  fall,  as  the  case  may  be,  accruing  one  year 
after  the  first  installment  was  payable,  and  so  on ; thereafter 
ten  (10)  per  cent,  of  the  original  principal,  with  six  months’ 
interest  on  the  unpaid  principal  once  each  year  and  six 
(6)  months’  interest  in  alternate  turn  with  each  annual 
payment  of  principal  and  interest  until  the  principal  and 
interest  have  been  paid. 

81  Sec.  81.  In  making  assessments  against  each 
lot  or  parcel  of  land,  said  Board  of  Public  Works  shall,  as 
soon  as  any  contract  has  been  completed  for  the  improve- 
ment of  any  street  or  alley,  make  out  an  assessment  roll 
with  names  of  property  holders  and  descriptions  of  the 
property  adjoining  the  place  of  such  proposed  improvement. 
vSaid  roll  shall  also  have  set  opposite  each  name  and  de- 
scription, the  total  pro  rata  assessment  against  each  piece  of 
property.  When  confirmed,  said  assessment  roll  shall  be 
delivered  to  the  head  of  the  Department  of  Finance.  Before 
the  said  Board  shall  approve  and  accept  the  work  under 
any  contract,  and  allow  a final  estimate  therefor,  the  con- 
tractors who  have  performed  such  work  shall  file  with  said 


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ACTS. 


151 


Board  an  affidavit  of  some  one  or  more  persons  having 
knowledge  of  the  facts,  that  all  work  done  under  such 
contract  and  all  materials  used  are  of  the  character,  kind, 
quantity  and  quality  required  by  the  specifications  on  which 
such  contract  was  let,  and  that  said  work  has  been  done 
in  conformity  with  said  contract  and  specifications,  and 
according  to  the  directions  of  the  said  Board  and  the  City 
Engineer.  [As  amended  1899,  page  142.] 

82  Sec.  82.  Whenever  the  Board  of  Public  Works 
shall  approve  and  accept  the  entire  work  under  any  contract 
and  allow  a final  estimate  therefor,  it  shall  be  the  duty  of 
such  Board  to  give  one  week’s  notice  by  one  insertion  in  a 
daily  newspaper,  if  any  there  be,  and  if  there  be  no  such 
paper,  then  by  posting  notices  in  at  least  three  public  places 
along  the  line  of  such  improvement,  of  the  time  and  place 
when  and  where  a hearing  can  be  had  upon  such  estimate, 
before  such  Board.  Any  person  feeling  himself  aggrieved 
or  injured  by  the  acceptance  of  such  work  or  by  such 
estimate,  shall  be  accorded  a hearing  thereon.  The  Board 
may  adjourn  such  hearing  from  time  to  time,  and  of  such 
adjournment  all  parties  interested  shall  take  notice.  After 
the  hearing  of  such  objections,  if  any,  the  Board  may 
change,  modify  or  confirm  such  estimate,  which  shall  be 
final,  and  it  shall  thereupon  be  the  duty  of  the  Department 
of  Finance  to  forthwith  deliver  to  the  Treasurer  a certified 
copy  of  such  final  assessment  roll.  The  costs  of  all  notices 
shall  be  estimated  in  and  as  a part  of  the  total  cost  of  any 
such  improvement.  Such  duplicate  assessment  roll  shall  be 
known  as  the  local  assessment  duplicate,  and  shall  be 
appropriately  prepared,  showing  the  amount  due  on  each 
piece  of  property,  if  paid  in  cash  within  the  time  limited, 
together  with  necessary  columns,  in  which  such  assessment 
shall  be  extended,  showing  the  amount  of  each  installment, 
and  when  payable,  whenever  the  same  shall  be  paid  in  install- 
ments, together  with  the  interest  due  at  each  spring  and 
fall  payment  of  taxes,  until  the  same  shall  be  fully  paid. 

Said  book  shall  also  have  appropriate  column  in  which 
payments  may  be  properly  credited,  and  also  the  place  for 
the  satisfaction  of  the  lien  by  the  Treasurer.  All  assess- 


Contractor 
to  make  af- 
fidavit. 


Board  to  hear 
remonstrants 
to  assess- 
ments. 


Duplicate  to 
be  delivered 
to  Comp- 
troller. 


14 


152 


I.AWS  AND  ORDINANCES. 


Treasurer  col- 
lects assess- 
ments. 


Waiving  error 
and  paying  in 
installments. 


When  assess- 
ments bear 
interest. 

IVlay  pay  all 
assessments 
after  one 
year 


Duty  of  Treas- 
urer and 
Comptroller 


ments,  whether  payable  in  installments  or  not,  shall  be  pay- 
able to  the  Treasurer,  except  as  otherwise  herein  provided, 
whose  duty  it  shall  be  to  receive  the  same  and  give  proper 
receipts  therefor,  and  enter  the  proper  credit  and  satisfaction 
in  said  book  or  duplicate  assessment  roll. 

83  Sec.  83.  Whoever  desires  to  exercise  such  priv- 
ilege of  payment  by  installment  shall  at  any  time  before  the 
expiration  of  fifteen  (15)  days  after  the  allowance  of  the 
final  estimate  aforesaid,  enter  into  an  agreement  in  writing 
that  in  consideration  of  such  privilege  he  will  make  no 
objection  to  any  illegality  or  irregularity  with  regard  to  the 
assessment  against  his  property,  and  will  pay  the  same  as 
recpiired  by  law  with  the  specified  interest.  Such  agreement 
shall  be  filed  in  the  office  of  the  Department  of  Finance.  In 
all  cases  where  such  agreement  has  not  been  signed  and  filed 
within  the  time  limited,  the  entire  assessment  shall  be  pay- 
able  in  cash  without  interest  before  the  expiration  of  said 
fifteen  (15)  days.  After  said  fifteen  days,  if  not  paid  when 
due,  such  total  assessment  shall  bear  interest  at  the  rate  of 
six  per  cent.  (6  per  cent.)  from  the  date  of  the  final  estimate. 
Persons  signing  and  filing  the  agreement  within  the  time 
limited,  and  entitled  to  pay  in  installments,  may  nevertheless 
at  any  time  after  the  expiration  of  the  first  year,  pay  up  their 
entire  assessment  and  stop  the  interest  thereon  and  be 
relieved  of  the  lien  of  the  same,  on  condition  that  they  at 
the  same  time  pay  up  all  accrued  interest,  and  also  interest 
up  to  the  time  the  next  installment  of  interest  is  payable: 
Provided,  That  before  such  persons  shall  be  entitled  to  make 
such  prepayments,  they  shall  give  notice  in  writing  at  the 
Treasurer’s  office  of  their  intention  so  to  do,  six  (6)  months 
in  advance  of  the  time  when  such  payment  is  made.  [As 
amended  1899,  page  142.] 

84  Sec.  84.  It  shall  be  the  duty  of  the  Treasurer  to 
receive  the  same,  keep  all  accounts  thereof  and  give  proper 
vouchers  thereof.  The  Department  of  Finance  shall  charge 
the  Treasurer  with  the  amounts  of  such  assessments  and 
interest  as  it  accrues.  The  Department  of  Finance  shall 
carefully  keep  a separate  account  of  the  fund  arising  from 
each  particular  improvement  ordered  by  the  Board  of  Public 


ACTS. 


153 


Works  pursuant  to  this  act,  and  no  proceeds  arising  from 
assessments  for  the  improvement  of  any  particular  street 
or  alley  shall  be  diverted  to  the  payment  of  any  other  im- 
provement whatever.  The  proceeds  shall  in  each  case 
constitute  a separate  special  fund  for  the  payment  of  con- 
tractors for  the  particular  work,  upon  the  allowance  of 
estimates  by  the  Board  of  Public  Works,  or  for  the  security 
and  payment  of  street  improvement  bonds,  if  any  are  issued, 
as  hereinafter  provided  for  such  street  or  alley. 

85  Sec.  85.  For  the  purpose  of  anticipating  the 
collection  of  such  assessments,  the  Department  of  Finance 
shall  issue  street  or  public  improvement  bonds,  payable  out 
of  the  funds  actually  paid  to  and  collected  by  such  city  on 
such  account,  the  proceeds  of  the  same  [to]  be  applied  ex- 
clusively to  payment  for  the  improvements  on  the  particular 
street  or  alley  for  the  anticipation  of  the  assessment  for 
which  the  same  are  issued.  Bonds  shall  be  issued  for  the 
principal  of  such  assessment  or  assessments,  and  appropriate 
coupons  shall  be  thereto  attached,  evidencing  and  repre- 
senting the  semi-annual  interest.  The  bonds  shall  bear 
interest  at  a rate  not  exceeding  five  (5)  per  centum  per 
annum,  to  be  computed  from  the  date  of  the  final  estimate, 
which  interest  shall  be  payable  semi-annually  as  herein 
provided.  In  cases  where  the  final  estimate  is  allowed  at 
any  time  during  the  period  intervening  between  the  first 
day  of  March  and  the  first  day  of  October  in  any  year,  the 
bonds  and  coupons  shall  be  dated  on  the  first  day  of  January 
of  the  year  following,  and  in  cases  where  the  final  estimate 
is  allowed,  at  any  other  period  in  any  other  year  than  that 
intervening  between  the  first  day  of  March  and  the  first 
day  of  October,  in  any  year,  the  bonds  and  coupons  shall 
be  dated  on  the  first  day  of  July  following.  The  interest 
shall  be  computed  from  the  date  of  the  final  estimate  up  to 
the  date  of  such  bonds,  and  the  coupons  shall  properly 
evidence  and  provide  for  such  interest  computed  as  afore- 
said from  the  date  of  the  final  estimate.  Each  bond  shall 
bear  the  name  of  the  street  or  alley  for  which  it  is  issued, 
in  cases  where  it  is  issued  for  street  improvement  assess- 
ments, and  in  cases  where  it  is  issued  for  sewer  or  other 


Improvement 

fund. 


Street  im- 
provement 
bonds. 


Rate  of  in- 
terest. 


Date  of  bonds. 


Bonds,  con- 
tents of. 


154 


LAWS  AND  ORDINANCES. 


Installments, 
how  paid  and 
when. 


Trust  fund 
created  to 
pay  bonds. 


assessments  shall  appropriately  designate  the  improvement 
or  work  for  which  it  is  issued.  Assessments  in  cases  where 
the  option  to  pay  in  installments  is  exercised  shall  be  payable 
as  follows:  Ten  (lo)  per  centum  of  the  principal,  together 

with  all  accrued  interest  on  the  same,  on  or  before  the  first 
Monday  of  May  next  succeeding  the  allowance  of  the  final 
estimate  on  such  work  by  the  Board,  except  where  such 
estimate  has  been  made  between  March  ist  and  October  ist, 
of  any  year,  in  which  case  such  first  installment  shall  be 
payable  on  the  first  Monday  of  November  next  succeeding 
such  estimate;  the  next  payment  shall  be  six  (6)  months’ 
interest  on  the  entire  unpaid  principal,  payable  at  the  date 
for  the  general  payment  of  taxes,  either  spring  or  fall,  as 
the  case  may  be,  next  after  the  first  installment  falls  due ; 
the  next  payment  shall  be  ten  (lo)  per  centum  of  the 
original  principal  and  six  (6)  months’  interest  on  the  unpaid 
principal,  payable  on  or  before  the  date  for  the  general  pay- 
ment of  taxes,  spring  or  fall,  as  the  case  may  be,  occurring 
one  year  after  the  first  installment  was  payable ; and  so  on, 
thereafter,  ten  (lo)  per  centum  of  the  original  principal, 
with  six  (6)  months’  interest  on  the  unpaid  principal  once 
each  year,  and  six  (6)  months’  interest  on  the  unpaid  prin- 
cipal in  alternate  turn  with  the  annual  payment  of  principal 
and  interest  until  the  entire  principal  and  interest  have 
been  paid.  It  being  hereby  intended  and  provided  that 
installments  of  principal  and  interest  shall  be  paid  in  ad- 
vance of  the  maturity  of  the  bonds  and  coupons,  in  order 
to  enable  the  Treasurer  to  pay  such  bonds  and  coupons  as 
they  respectively  fall  due,  for  which  purpose  the  said 
Treasurer  shall  hold  the  money  paid  to  him.  It  shall  be 
the  duty  of  the  Treasurer  to  promptly  and  properly  apply 
all  money  paid  in  on  such  installments  to  the  liolders  of  the 
bonds  and  coupons,  and  he  shall  not  use  the  money  received 
by  him  in  payment  of  such  installments  for  any  other  pur- 
poses whatever  than  that  of  paying  the  bonds  and  coipions, 
and  shall  promptly  ascertain  the  amount  ])aid  in  on  such 
installments,  and  without  delay  pay  the  same  to  the  bond 
and  coupon  holders  entitled  thereto.  In  case  any  person 
shall  exercise  his  right  of  prepayment  of  his  assessment, 


ACTS. 


155 


as  by  law  provided,  and  shall  fully  pay  such  assessment 
and  interest,  all  interest  and  liability  shall  thereupon  cease 
as  to  the  property  upon  which  the  assessment  so  paid  is 
levied.  Said  prepaid  assessments  shall  constitute  a “special 
fund,”  to  be  held  in  trust  by  the  Treasurer  in  the  form  here- 
inafter prescribed,  for  the  owner  or  owners  of  the  different 
issue  of  bonds,  upon  which  such  prepayments  have  been 
made ; it  shall  be  the  duty  of  the  city,  through  its 
Comptroller,  to  invest  such  trust  funds  in  bonds  similar 
in  kind  and  character,  at  par,  for  the  benefit  of  said  city 
as  trustee  for  the  holders  of  the  bonds  and  interest  coupons 
upon  which  such  prepayments  were  made,  and  the  city  shall 
become  liable  to  such  holders  to  the  amount  of  the  pre- 
payments thereon  made,  with  the  interest  on  the  principal 
thereof.  The  said  bonds  in  which  said  trust  funds  are 
invested  shall  be  held  and  collected  by  the  Treasurer  as 
other  bonds  are  collected,  and  the  money  applied  in  payment 
of  the  installment  of  interest  and  principal  of  the  bonds 
upon  which  said  prepayments  were  originally  made,  or  to 
said  city : Provided,  That  it  has  paid  the  same.  If  any 

property  owner  owning  any  part  of  any  bond  issued  for 
the  purposes  in  this  act  provided  is  in  default  in  the  payment 
of  any  installment  of  his  interest  or  principal  at  the  time 
any  installment  of  principal  or  interest  of  said  bond  becomes 
due,  it  shall  be  the  duty  of  the  Common  Council,  upon 
recommendation  by  the  Comptroller,  to  appropriate  money 
out  of  the  general  fund,  to  pay  such  delinquent’s  part  of 
said  installment  of  principal  or  interest  of  such  bond,  and 
out  of  the  collection  of  such  delinquency,  with  penalties 
and  interest,  as  hereinafter  provided,  to  reimburse  such 
general  fund  to  the  amount  of  such  payment.  It  shall  be 
the  duty  of  the  Treasurer,  in  all  cases  where  any  property 
owner  is  in  default,  in  the  payment  of  an  installment,  or 
any  part  thereof,  chargeable  upon  or  against  his  property, 
to  assess  a penalty  of  ten  (lo)  per  centum  upon  any  install- 
ment, or  any  part  thereof,  with  six  (6)  per  cent,  interest 
for  such  delinquency,  which  said  penalty  and  interest,  when 
collected,  shall  be  and  become  the  property  of  the  city,  and 
the  Treasurer  shall,  on  the  first  day  of  January  of  each  year, 


Prepayment  of 
assessments. 


Comptroller  to 
invest  pre- 
paid assess- 
ments. 


Delinquents. 


City  to  pay, 
when. 


Penalty  for  de- 
fault. 


156 


LAWS  AND  ORDINANCES. 


Extend  delin- 
quents on  tax 
duplicate. 


Collected  as 
other  taxes 
are  collected. 


Penalty. 


Manner  of 
sale. 


Lots  and  lands 
not  relieved, 
when. 


certify  to  the  County  Auditor  a list  of  such  delinquencies 
or  delinquents.  And  the  County  Auditor,  between  the  first 
Monday  of  November  and  the  first  day  of  January,  in  each 
year,  shall  enter  on  the  tax  duplicate  as  delinquent,  against 
the  name  of  each  person  remaining  delinquent,  such 
delinquent  special  assessments  so  certified  to  him  by  the 
Treasurer,  as  aforesaid,  against  the  lands  and  lots  described 
in  such  certifications  of  the  Treasurer,  which  said  assess- 
ments shall  be  carried  out  with  the  taxes  for  State,  county, 
township,  road,  city,  school  or  other  purposes,  if  any 
delinquent,  into  one  total.  Payment  of  such  special 
assessment,  with  interest,  penalty  and  costs,  shall  be  enforced 
by  the  sale  of  the  lands  and  lots  liable  therefor,  or  so  much 
thereof  as  may  be  necessary,  which  sale  shall  be  made  by 
the  County  Treasurer  in  the  same  manner,  and  at  the  same 
time  and  place  and  upon  the  same  notice  as  is  prescribed  by 
law  for  the  sale  of  lands  and  lots  for  the  payment  of 
delinquent  State,  county,  township,  road  , city,  school  and 
other  taxes,  the  property  to  be  offered  for  sale  and  sold  for 
the  payment  of  all  taxes  and  assessments  of  every  kind,  for 
which  the  same  is  liable,  with  interest,  penalty  and  costs, 
thereon,  as  one  entire  sum,  and  not  separately  for  said 
special  assessments,  unless  said  special  assessments  are  the 
only  taxes  or  assessments  delinquent,  in  which  case  such 
property  may  be  sold  to  satisfy  said  special  assessment 
alone.  Payment  of  the  bid,  upon  the  sale  of  any  such  lands 
and  lots,  shall  be  enforced  so  far  as  it  relates  to  such 
municipal  assessments,  together  with  the  penalties  above 
provided  for  by  the  same  officer,  and  in  the  same  manner 
as  is  provided  for  by  law  for  the  enforcement  of  the  pay- 
ment of  a bid^  made  upon  the  sale  of  lands  and  lots  for 
the  State,  county,  township,  road,  city,  school  and  other 
taxes,  and  the  proceeds  of  sale  shall  be  held  by  the  Treasurer 
and  paid  to  the  parties  entitled  thereto : Provided,  how- 

ever, If  any  lands  or  lots  are  sold  for  the  payment  of  any 
delinquent  special  assessment,  together  with  other  delinquent 
taxes,  or  for  special  assessments  alone,  said  lands  and  lots 
sliall  not  be  released  from  the  payment  of  the  balance  of 
said  assessments  or  the  interest  thereon  as  the  same  becomes 


ACTS. 


157 


due,  and  if  delinquent  to  be  sold  as  hereinbefore  provided. 
The  guarantee  required  by  law  to  be  endorsed  by  the  County 
Treasurer  upon  each  certificate  given  him  upon  a purchase 
of  lands,  and  lots  for  State,  county,  township,  road,  city, 
school  and  other  taxes,  shall,  in  every  case  where  such  sale 
is  made  for  said  municipal  assessments,  also  apply  to  and 
embrace  the  amount  of  such  municipal  assessments  for  which 
sale  was  made;  and  the  holders  of  such  certificate  shall 
have  the  same  remedy  iipon  such  guaranty  as  to  municipal 
assessments  embraced  therein,  that  he  has  as  to  the  State, 
county,  township,  road,  city,  school  and  other  taxes,  to 
wliich  the  same  relates.  All  provisions  of  law  in  reference 
to  the  certificates  to  be  issued  to  a purchaser  of  lands  and 
lots  upon  sale  for  State,  county,  township,  road,  city,  school 
and  other  taxes ; the  making  of  deeds  upon  failure  of 
redemption,  and  as  to  the  force  and  effect  of  such  deeds ; 
the  effects  of  such  sale,  and  the  rights  of  the  purchaser ; 
redemption  therefrom ; for  the  quieting  of  titles  acquired 
thereunder ; for  transferring  to  the  purchaser  the  original 
lien  for  the  taxes  and  municipal  assessments  for  which  the 
sale  was  made,  and  subsequent  assessments,  and  for  the 
enforcement  of  such  lien  by  judicial  proceedings  when  the 
purchaser  fails  to  acquire  a valid  title  by  virtue  of  the  pur- 
chase ; and  as  to  the  interest  and  penalties  to  be  collected 
upon  redemption  from  such  sales  before  deed  is  made,  or 
upon  judicial  proceedings  to  quiet  the  title  or  enforce  the 
lien  of  the  purchasers ; and  all  other  provisions  of  law 
relating  to  the  collecting  and  accounting  for  the  State, 
county,  township,  road,  city,  school  and  other  taxes,  shall, 
so  far  as  the  same  are  applicable,  apply  with  like  force  and 
effect  in  the  case  of  municipal  assessments  in  cities  of  the 
class  referred  to  in  this  act.  Said  Board  may  provide  in 
its  original  resolution  of  improvement  for  the  issue  of  such 
bonds  and  coupons  directly  to  the  contractor,  in  which  case 
it  shall  be  the  duty  of  the  Department  of  Finance,  upon 
the  allowance  of  the  final  estimate  made  by  the  Board  of 
Public  Works,  to  issue  the  same  directlv  to  the  contractor: 
otherwise  they  shall  be  issued  and  sold  as  other  city  bonds : 
Provided,  however.  That  the  city  can,  at  its  option,  turn 


T reasurer’s 
guaranty. 


The  effects  of 
such  a sale. 


Bonds  to  con 
tractors. 


158 


LAWS  AND  ORDINANCES. 


No  defense  al- 
lowed against 
bonds. 


One  bond- 
holder sues 
for  all. 


Sale  of  prop- 
erty. 


Bonds  negotia- 
ble as  bills  of 
exchange. 


over  to  the  contractor  said  bonds,  at  par,  in  payment  of  the 
contract  price,  for  which  said  bonds  were  issued.  After 
the  issue  of  such  bonds  no  suit  shall  lie  to  enjoin  the 
collection  of  any  assessment,  and  the  validity  of  the  same 
shall  not  be  questioned,  but  all  property  owners  shall  be 
conclusively  estopped  and  precluded  from  in  any  manner 
assailing  the  effectiveness  or  validity  thereof.  Such  bonds, 
when  issued,  shall  convey  and  transfer  to  the  owners  thereof 
all  lien,  right,  title  and  interest  in  and  to  the  assessments 
and  liens  upon  the  respective  lots  and  parcels  of  ground 
hereinbefore  provided  for,  which  liens  shall  stand  as 
security  for  such  bonds  and  coupons  until  they  are  paid, 
with  full  power  to  enforce  the  collection  thereof,  if  such 
bond  or  coupon  be  not  paid  on  presentation  to  the  Treasurer, 
by  foreclosure  in  any  court  of  competent  jurisdiction,  as 
provided  in  the  preceding  section,  and  sales  to  satisfy  such 
bonds  and  coupons  shall  be  made  as  hereinbefore  provided 
for  sales  upon  judgments  for  decrees  foreclosing  liens  for 
assessments  levied  for  street  improvements : Provided, 

That  the  first  bondholder  who  institutes  foreclosure  suit  in 
any  court  of  competent  jurisdiction  against  such  property, 
or  any  lot  or  parcel  thereof,  shall  be  entitled  to  have  the 
proceeds  of  said  suit  applied  pro  rata  to  the  payment  of 
his  own  bonds  and  of  bonds  held  by  others.  The  property 
upon  which  the  assessment  is  laid  shall,  in  no  event,  be  sold 
for  less  than  the  amount  of  the  assessment,  attorney’s  fees 
and  costs,  and  the  avails  of  the  sale  shall  be  distributed  as 
herein  provided.  If  the  property  be  sold  for  more  than 
enough  to  pay  the  principal,  interest,  attorney’s  fees,  costs 
and  expenses,  the  surplus  shall  be  paid  to  the  property 
owner  or  party  lawfully  and  rightfully  entitled  thereto.  No 
more  than  one  foreclosure  suit  shall  be  brought  against 
any  one  lot  or  parcel  of  land,  but  all  lots  or  parcels  of  lands, 
the  assessments  against  which  are  in  default,  may  be  joined 
in  one  proceeding.  All  bonds,  as  herein  provided,  shall  be 
negotiable  as  inland  bills  of  exchange,  and  be  free  from 
all  defenses  by  any  property  owner  or  property  owners.  It 
shall  not  be  necessary  in  said  bonds  to  recite  the  steps  taken 
in  ordering  such  improvement,  or  directing  the  assessments, 


ACTS. 


159 


but  it  shall  be  sufficient  to  make  a general  reference  to  such 
assessment,  and  to  the  statute.  [As  amended  1899, 
page  143.] 

86  Sec.  86.  Failure  to  pay  any  installment  of 
principal  or  interest  when  the  same  is  due  shall  bring  all 
installments  of  principal  yet  unpaid  forthwith  due  and 
payable.  If  such  city  shall  fail  to  collect  any  unpaid  assess- 
ment, or  installments  thereon  when  due,  no  liability  shall 
thereby  accrue  against  such  city,  but  the  owner  of  the  bonds 
hereinbefore  provided  for,  or  in  case  no  bonds  have  been 
issued,  then  the  person  to  whom  is  due  and  owing  the 
amount  of  such  unpaid  assessment  for  the  performance  of 
such  work,  shall  have  the  right  to  proceed  in  any  court  of 
competent  jurisdiction  to  foreclose  the  liens  on  unpaid 
assessments,  recovering  interest,  costs  and  a reasonable 
attorney’s  fee,  and  to  have  the  proceeds  of  sale  applied  on 
his  claim.  It  shall  be  the  duty  of  the  County  Clerk  to 
certify  to  the  Treasurer  all  satisfactions  of  assessment  liens 
by  such  sale,  and  the  Treasurer  and  Comptroller  shall  enter 
the  same  of  record. 

87  Sec.  87.  Whenever  the  Board  of  Public  Works 
shall  order  the  erection  or  change  of  any  levee  or  the  con- 
struction of  any  viaduct,  tunnel  or  aqueduct,  or  the  change 
of  any  water  course,  natural  or  artificial,  or  the  drainage  of 
section  of  ground,  it  shall  cause  the  necessary  drawings  and 
specifications  to  be  prepared  for  the  work  and  filed  in  such 
office,  and  shall  publish  a notice  of  the  resolution  ordering 
the  work  to  be  done ; shall  hear  remonstrances,  modify, 
confirm  or  rescind  their  original  resolution,  prepare  a list 
of  property  holders  beneficially  or  injuriously  affected  by 
such  work,  advertise  for  bids  for  such  work,  let  the  same 
by  contract,  assess  benefits,  and  award  damages,  and  in 
these  and  all  other  respects  proceed  in  accordance  with  the 
provisions  of  this  act  relating  to  the  appropriation  of  prop- 
erty and  the  laying  out  of  streets. 

88  Sec.  88.  The  provisions  of  this  act  for  the  liens 
of  assessments,  preparation  of  the  duplicate  assessment  roll 
by  the  Department  of  Finance,  delivery  of  such  roll  to  the 
Treasurer,  the  collection  of  assessments,  right  of  election 


On  default 
matures  all 
installments. 


Suit  may  be 
brought. 

Attorney  fees. 


Levees,  water 
courses, 
change  of. 


Resolution. 


Advertise- 
ment  


Assessments. 


Collection. 


15 


160 


LAWS  AND  ORDINANCES. 


Local  sewers. 


Drawings  and 
Specifica- 
tions. 


Notice  of  reso- 
lution. 


Remonstrance. 


Sealed  bids. 


Main  sewer. 
Map  of  sewer. 


of  property  holders  to  pay  the  same  in  installments,  the  issue 
of  bonds  to  anticipate  the  same,  and  all  other  provisions 
with  regard  to  street  improvement  assessments,  shall  govern 
in  the  matter  of  levee  assessments  so  far  as  the  same  are 
applicable. 

89  Sec.  89.  Whenever  the  Board  of  Public  Works 
shall  order  the  construction  of  any  local  sewer  or  drain,  it 
shall  cause  the  necessary  drawings  and  specifications  for 
such  work  to  be  prepared  and  filed  in  such  office,  shall 
cause  a notice  of  the  adoption  of  the  resolution  ordering 
the  work  to  be  done  to  be  published  in  some  daily  newspaper 
of  general  circulation  in  such  city  once  each  week  for  two 
weeks.  Such  notice  shall  name  a date  after  the  last  day 
of  publication  at  which  such  Board  will  receive  or  hear  re- 
monstrances from  persons  interested  in  or  affected  thereby. 
On  the  day  set  said  Board  shall  consider  such  remonstrances, 
if  any,  and  thereupon  take  final  action,  confirming,  mod- 
ifying or  rescinding  their  original  resolution.  Such  action 
shall  be  final  and  conclusive  on  all  persons.  If  such 
original  resolution  be  confirmed  or  modified,  said  Board 
shall  cause  a notice  to  be  published  in  such  city  once  each 
week  for  two  weeks  informing  the  public  and  contractors  of 
the  general  nature  of  the  work  and  of  the  fact  that  the 
drawings  and  specifications  are  on  file  in  the  office  of  the 
Board,  and  calling  for  sealed  proposals  for  such  work  by  a 
day  not  earlier  than  ten  (10)  days  after  the  first  of  said 
publications.  The  Board  may,  in  its  discretion,  fix  a later 
day  for  receiving  such  sealed  proposals,  provided  such  day 
shall  be  mentioned  in  each  of  such  notices.  Whenever  such 
sewer  or  drain  shall,  from  its  size  and  character,  be  intended 
and  adapted  not  only  for  use  by  owners  of  abutting  property 
along  the  line  of  such  sewer  or  drain,  but  is  also  intended 
and  adapted  for  receiving  sewage  from  collateral  drains 
already  constructed  or  which  may  be  constructed  in  the 
future,  then  the  Board  of  Public  Works  shall  prepare  a 
map  which  will  give  thereon  the  general  course  of  said 
proposed  sewer  and  its  appurtenances,  and  which  will  clearly 
show,  by  boundary  lines,  the  total  area,  or  district,  to  be 
drained  and  to  be  assessed  for  the  construction  of  said 


ACTS. 


161 


! sewer;  shall  prepare  all  necessary  profiles,  drawings  and 
I specifications  for  such  work,  which  map,  profiles,  drawings 

iand  specifications  shall  be  placed  on  file  in  the  office  of  said 
Board ; shall  publish  a notice  of  the  adoption  of  the  resolu- 
tion ordering  the  work  to  be  done,  and  shall  describe  in 
such  resolution  and  in  such  advertisement  the  boundary 
j,  lines  of  the  district,  or  area,  intended  to  be  drained  by  such 
I:  sewer  and  to  be  assessed  for  the  cost  of  the  same,  and  such 
I publication  of  the  adoption  of  the  said  resolution  shall 
|{  constitute  a legal  notice  to  all  owners  or  holders  of  property, 
or  persons  having  valuable  interests  therein,  within  the 
! bounds  of  the  district  or  area ; that  such  property  in  said 
district  or  area  described  is  to  be  assessed  for  the  con- 
, struction  of  said  sewer.  Said  publication  shall  be  made 
in  some  daily  newspaper  of  general  circulation  in  such  city 
' once  each  week  for  two  weeks  and  shall  name  a date,  after 
the  last  day  of  publication,  at  which  said  Board  will  receive 
or  hear  remonstrances  from  persons  interested  in  or  affected 
by  the  construction  of  said  sewer.  On  the  day  set,  said 
Board  shall  consider  such  remonstrances,  if  any,  and  there- 
upon take  final  action,  confirming,  modifying  or  rescinding 
their  original  resolution.  Such  action  shall  be.  final  and 
conclusive  upon  all  owners  or  holders  of  property,  or  persons 
having  valuable  interests  therein,  in  the  district  or  area 
intended  to  be  drained  and  assessed  for  the  construction  of 
such  sewer.  Advertisement  for  bids  shall  be  made  in  the 
same  manner  as  for  the  construction  of  a local  sewer  or 
drain,  above  provided  for.  As  amended  1899,  page  144.] 
90  Sec.  90.  Whenever  any  such  sewer  shall  from 
its  size  and  character  be  intended  and  adapted  only  for  local 
use  by  property  holders  along  the  line  of  the  street  or  alley 
on  which  it  is  constructed,  and  in  the  opinion  of  such  Board 
is  not  intended  or  adapted  for  receiving  sewage  from 
collateral  drains,  then,  and  in  that  case,  the  whole  cost  of 
the  improvement  shall  be  paid  for  by  the  property  holders 
abutting  on  such  street  or  alley  in  the  same  manner  and  to 
the  same  extent  as  street  improvements  are  paid  for,  except 
that  such  city  shall  not  be  liable  for  the  portions  of  such 
local  sewer  which  cross  other  streets  or  alleys,  but  the  total 


Specifications. 


Notice  of  reso- 
iution. 


Hearing. 

Re.nonstrance. 


Notice  to  con- 
tractors. 


Local  sewers. 


Cost  of  local 
sewers. 


162 


LAWS  AND  ORDINANCES. 


Main  sewers. 


Cost  of,  how 
apportioned. 


Sewer  assess- 
ment rolls. 


Duties  of 
Comptroller 
and  Treas- 
urer. 


cost  shall  be  apportioned  pro  rata  against  the  property 
holders. 

91  Sec.  91.  Whenever,  in  the  opinion  of  such 
Board,  any  sewer  or  drain  ordered  to  be  constructed,  or 
any  enlargement  of  one  already  constructed  shall,  from  its 
size  and  character,  be  intended  and  adapted  not  only  for 
use  by  abutting  property  holders  along  the  line  of  such 
drain  or  sewer,  but  is  also  intended  and  adapted  for  receiving 
sewage  from  collateral  drains  already  constructed,  or 
which  may  be  constructed  in  the  future,  then,  and  in  that 
case,  the  cost  and  expense  of  such  sewer  shall  be  assessed 
against  each  piece  of  property  beneficially  affected,  in 
proportion  to  the  benefits  received,  including  abutting 
property  holders,  as  well  as  the  holders  not  situated  on  the 
line  of  such  drain  or  sewer,  but,  in  the  opinion  of  the  Board, 
beneficially  affected  by  the  construction  of  such  sewer,  either 
directly  or  immediately  or  indirectly,  and  by  way  of  the 
advantage  which  shall  be  realized  in  the  future  when 
collateral  drains  may  be  constructed  from  such  property  to 
such  main  sewer. 

92  Sec.  92.  In  making  assessments  against  each  lot 
or  parcel  of  land,  said  Board  of  Public  Works  shall,  as 
soon  as  any  contract  has  been  let  for  the  construction  of  any 
sewer  or  drain,  make  out  an  assessment  roll,  with  names  of 
property  holders  and  descriptions  of  the  property  assessed 
for  such  proposed  sewer  or  drain.  The  assessment  roll, 
when  completed  according  to  these  provisions,  shall  be 
delivered  to  the  Department  of  Finance  in  the  same  manner 
as  street  improvement  assessment  rolls.  The  Department  of 
Finance  and  the  Treasurer  shall  thereupon  discharge  the 
same  duties  in  respect  thereto  as  are  hereinbefore  prescribed 
in  relation  to  street  improvement  assessments.  The  pro- 
visions of  this  act  in  relation  to  the  payment  of  street 
improvement  assessment  by  installments,  and  the  issuance 
of  bonds  to  anticipate  the  same,  and  the  collection  of  such 
assessments  ‘ or  bonds  shall  also  apply  to  the  payment  of 
assessment  for  the  construction  of  sewers,  drains,  levees, 
or  for  the  change  of  any  water  course,  or  the  drainage  of 
any  section  of  ground.  [As  amended  1899,  page  149.] 


ACTS. 


163 


93  Sec.  93.  Whenever  such  Board  of  Public  Works 
shall  order  any  street,  alley  or  public  place  to  be  sprinkled 
or  swept,  it  shall  cause  the  necessary  specification  for  such 
work  to  be  prepared  and  filed  in  such  office,  shall  publish  a 
resolution  ordering  the  work  to  be  done,  shall  hear 
remonstrances,  modify,  confirm  or  rescind  their  original 
resolution,  and  shall  advertise  for  bids,  and  let  the  same  by 
contract,  as  more  specifically  provided  in  this  act  with 
relation  to  the  appropriation  of  property  and  the  laying  out 
of  streets. 

94  Sec.  94.  The  cost  of  such  sprinkling  shall  be  as- 

sessed pro  rata  against  the  property  holders  along  the  line  of 
such  street,  alley  or  public  place  as  the  cost  of  street  improve- 
ments is  assessed,  except  that  such  city  shall  not  be  liable 
to  pay  for  the  sprinkling  of  any  street  or  alley  crossing, 
but  the  total  cost  of  such  sprinkling  shall  be  paid  for  by 
the  abutting  property  holders.  The  cost  of  sweeping  shall 
be  paid  by  the  city  out  of  the  General  Fund.  Such  Board 
may,  at  its  option,  embrace  in  one  order  or  resolution,  and 
also  in  one  contract,  any  number  of  streets,  alleys  or  public 
places  for  which  the  specifications  for  such  sprinkling  or 
sweeping  are  uniform.  Or  such  Board  may  include  in  one 
resolution  and  contract  such  streets  as  to  which  the  specifica- 
tions for  sprinkling  and  sweeping  are  not  uniform : Pro- 

vided, That  such  contract  and  the  bids  therefor  shall  sep- 
arately state  the  cost  of  sprinkling  and  sweeping  streets  or 
alleys  with  regard  to  the  specifications  to  such  sprinkling 
or  sweeping.  In  such  cases  such  Board  may  accept  part 
of  such  bid  on  one  group  of  streets  uniform  in  their  spec- 
ifications, and  reject  other  parts  of  such  bids  on  other  groups 
of  streets. 

95  Sec.  95.  The  duties  of  the  Department  of 
Finance  and  of  the  Treasurer,  the  rights  of  contractors  and 
the  liability  of  such  city  in  relation  to  such  street  sprinkling 
assessments,  shall  be  the  same  as  in  the  case  of  street  im- 
provement assessments,  but  such  assesments  shall  be  payable 
on  the  first  Monday  in  November,  for  any  one  year,  in  the 
manner  that  street  improvement  assessments  are  payable. 
The  provisions  of  this  act  in  relation  to  the  payment  of 


Specifications 
for  sprinkling 
and  sweeping. 


Notice  to  con- 
tractors. 


Costs,  assess- 
ment of. 


City  not  liable. 


Costs,  how 
paid. 


Duties  of 
Comptroller 
and  Treas- 
urer. 

Assessments, 
when  pay- 
able. 


164 


LAWS  AND  ORDINANCES. 


Payment  in 
installments 
not  allowed. 

How  ordered 
and  how  as- 
sessed for. 


Contracts  for. 


How  consti- 
tuted. 


Shall  give 
bond. 


Police  and  fire 
force. 


Power  to  pur- 
chase sup- 
plies. 


Salary  of  Com- 
missioners. 

Shall  adopt 
rules. 

Quorum. 


street  improvenlent  assessments  by  installments,  and  the 
issuing  of  bonds  to  anticipate  the  same  shall  have  no  applica- 
tion to  street  sprinkling  assessments. 

96  Sec.  96.  Whenever  such  Board  of  Public  Works 
shall  order  any  street,  alley  or  public  place  to  be  supplied 
with  lamp  posts  by  the  construction  of  the  same,  it  may  by 
resolution  order  the  same,  without  publication  or  notices 
or  the  hearing  of  remonstrances ; contracts  for  the  same 
may  be  let,  like  other  contracts,  and  the  cost  thereof  assessed 
against  the  holders  of  abutting  property,  as  the  cost  of 
street  sprinkling,  and  the  same  shall  be  collected,  and  the 
Department  of  Finance  and  the  Treasurer  shall  perform  the 
same  duties,  and  the  contractor  shall  have  the  same  rights, 
as  in  the  case  of  street  sprinkling  assessments. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

97  Sec.  97.  The  Department  of  Public  Safety  shall 
be  under  the  charge  of  a board  of  three  commissioners  to  be 
appointed  by  the  Mayor  of  such  city,  as  hereinbefore  pro- 
vided. No  more  than  two  of  said  Cornmissioners  shall  be  of 
the  same  political  party.  Said  Commissioners  shall  give  bond 
to  such  city,  to  be  approved  by  and  filed  with  the  Department 
of  Finance  for  the  faithful  performance  of  their  duties, 
respectively,  as  required  by  ordinance.  Said  Board  shall 
have  the  care,  management  and  supervision  and  exclusive 
control  of  all  matters  relating  to  the  fire  and  police  force, 
fire  alarm,  telegraph,  erection  of  fire  escapes,  inspection  of 
buildings  and  boilers,  market  places  and  food  sold  therein, 
pounds  and  prisons.  Said  Board  shall  have  power  to  pur- 
chase all  necessary  supplies  and  apparatus  and  make  all 
repairs  needed  in  its  department,  subject  to  the  same 
provisions  as  are  herein  prescribed  for  the  exercise  of 
similar  powers  by  the  Department  of  Public  Works.  Said 
Commissioners  shall  receive  annual  salaries  of  $400  each. 

98  Sec.  98.  Said  Commissioners  shall  adopt  rules 
for  appointment  of  members  to"  said  fire  and  police  forces, 
their  regulation  and  duties,  subject,  however,  to  the  laws 
of  the  State  and  ordinances  of  the  Common  Council.  Any 
two  of  said  Commissioners  shall  constitute  a quorum.  Said 


ACTS. 


165 


Commissioners  shall  adopt  rules  and  regulations  with  regard 
to  the  time  of  holding  regular  and  called  meetings  and  of 
giving  notice  thereof.  They  shall  elect  one  of  their  number 
as  chairman,  who  shall  hold  such  position  as  long  as  may 
be  prescribed  by  the  rules  of  said  Board.  Said  Com- 
missioners shall  cause  all  of  their  proceedings  to  be  carefully 
recorded  by  their  secretary.  They  shall  only  act  as  a Board, 
and  no  member  thereof  shall  have  power  to  bind  said  Board, 
or  such  city,  except  pursuant  to  resolution  of  such  Board, 
authorizing  him  to  act  in  that  behalf  as  its  authorized  agent. 
Said  Commissioners  shall  have  the  care  and  charge  of  all 
property  of  every  kind  pertaining  to  the  fire  and  police  force 
and  to  the  market  places,  pounds  and  prisons  of  such  city. 

99  Sec.  99.  Said  Commissioners  shall  appoint  a 
Superintendent  of  Police,  Chief  of  the  Fire  Force  and  all 
other  officers,  members  and  employes  of  said  fire  and  police 
forces  together  with  a marketmaster  and  weighmaster  and 
other  officials  necessary  for  such  Department  of  Public 
Safety.  The  annual  pay  of  such  appointees  shall  be  fixed 
by  ordinance  of  the  Common  Council,  and  it  shall  be  lawful 
in  such  ordinance  to  grade  the  members  of  such  forces  and 
to  regulate  their  pay,  not  only  by  rank,  but  by  their  length 
of  service.  In  default  of  any  ordinance  fixing  the  com- 
pensation for  any  member  of  such  fire  or  police  force,  said 
Commissioners  shall  have  the  power  to  fix  the  same,  subject 
to  change  by  ordinance  by  said  Council.  Said  Com- 
missioners of  Public  Safety  may  also  fix  the  number  of 
members  of  said  fire  and  police  forces,  and  the  number  of 
appointees  for  other  purposes,  subject  to  the  approval  of 
Council.  Said  Commissioners  of  Public  Safety  shall  in  like 
manner  divide  such  city  into  police  precincts  and  fire 
districts.  Said  Commissioners  shall  also  have  power  to 
make  and  promulgate  rules  and  regulations  for  the  appoint- 
ment of  members  of  such  forces,  and  for  their  government. 
The  Superintendent  and  [of]  Police  shall  have  exclusive 
direction  and  control  of  the  police  force,  and  the  Chief  of  the 
Fire  Force  shall  have  exclusive  control  and  charge  of  such 
fire  force,  subject  to  the  rules,  regulations  and  orders  of 
said  Department  of  Public  Safety.  In  times  of  peril,  danger. 


Shall  keep  a 
record. 

Act  as  a Board 


Appoint  police 
and  firemen. 


Compensation 
fixed  by  ordi- 
nance. 


Shall  fix  police 
and  fire  dis- 
tricts. 


Superintend- 
ent of  Police 
and  Fire 
Chief  powers. 


LAWS  AND  ORDINANCES. 


Mayor  has  full 
power  in 
cases  of 
emergencies. 


Fire  and 
police  force, 
term  of  ser- 
vice. 

Removal  for. 


Conviction  of 
member, 
punishment 
therefor. 


Powers  and 
duties  of  po- 
lice officers. 


Serve  pro- 
cess. 


Arrest  without 
warrant, 
when. 


166 

riot,  extensive  conflagration,  disorder,  or  the  apprehension 
thereof,  said  Chief  ;of  the  Fire  Force  and  the  Superintendent 
of  the  Police  Force  shall,  for  the  time  being,  be  subordinate 
to  the  Mayor,  and  obey  his  orders  and  directions,  anything 
to  the  contrary  in  this ’act  or  in  the  ordinances  of  such  city 
or  in  the  regulations  or  orders  of  such  Commissioners  of 
Public  Safety  to  the  contrary  notwithstanding. 

100  Sec.  ioo.  Every  member  of  the  fire  and  police 
force,  and  all  other  appointees  of  the  Commissioners  of 
Public  Safety  shall  hold  office  until  they  are  removed  by 
the  Board.  They  may  be  removed  for  any  cause  other  than 
politics,  and  the  written  reasons  for  such  removal  shall  be 
entered  upon  the  records  of  such  Board. 

101  Sec.  ioi.  On  conviction  of  a member  of  the 
said  fire  or  police  force  for  any  criminal  offense  or  neglect 
of  duty,  or  of  violation  of  rules  or  neglect  or  disobedience 
of  orders,  or  incapacity,  or  absence  without  leave,  or  conduct 
injurious  to  the  public  peace  or  welfare,  or  immoral  conduct, 
or  conduct  unbecoming  an  officer,  or  other  breach  of 
discipline,  said  Commissioners  shall  have  power  to  punish 
the  offending  party  by  reprimand,  forfeiture,  suspension 
without  pay,  dismissal  or  by  reducing  him  to  a lower  grade 
and  pay. 

102  Sec.  102.  The  officers  and  members  of  such 
police  force  shall  possess  all  the  common  law  and  statutory 
powers  of  constables,  except  in  relation  to  the  service  of 
civil  process,  and  any  warrant  of  search  or  arrest  issued 
by  any  Judge,  Magistrate,  Mayor  or  Justice  of  the  Peace  of 
this  State,  may  be  executed  in  any  part  thereof  by  any  mem- 
ber of  said  police  force  subject  to  the  laws  of  this  State  gov- 
erning arrests  and  bail.  The  members  of  such  police  force 
shall  have  the  exclusive  power,  and  it  shall  be  their  duty  to 
serve  all  process  within  such  city,  issuing  from  the  Mayor’s 
court.  They  shall  be  conservators  of  the  peace  in  such 
city,  and  shall  arrest  without  process  all  persons  who  within 
view  commit  any  crime  or  misdemeanor  contrary  to  the 
statutes  of  this  State,  or  ordinances  of  such  city,  take 
them  before  the  Mayor  or  Judge  of  such  city  or  other 
officers  having  jurisdiction  of  the,  offense  with  which  such 


ACTS. 


167 


person  is  charged,  and  retain  them  in  custody  until  the 
cause  of  such  arrest  has  been  investigated,  suppress  all 
breaches  of  the  peace  within  their  knowledge,  and  authority 
is  hereby  given  to  them  to  call  to  their  aid  the  power  of 
such  city;  to  pursue  and  commit  to  jail  all  felons  and 
persons  guilty  of  misdemeanors  or  crimes  in  violation  of 
the  statutes  of  this  State  or  of  the  ordinances  of  such  city. 

They  shall  have  the  exclusive  power,  and  it  shall  be  their  Exclusive 

duty  to  serve  all  process  issued  by  the  Common  Council,  power,  where 

or  any  committee  thereof,  pursuant  to  this  act,  or  by  any 

of  the  executive  departments  of  such  city.  The  Board  of 

Public  Safety  shall  detail  some  one  member  of  said  force, 

or  as  many  as  it  may  deem  necessary,  to  attend  the  Mayor’s 

Court  and  preserve  order  therein. 

103  Sec.  103.  The  members  of  the  police  force  Police  convey 
under  the  direction  of  the  Superintendent  thereof,  shall  prisoners, 
convey  prisoners  to  and  from  the  county  jail  or  station 

houses  of  such  city  for  arraignment  or  trial  in  the  Mayor’s 
or  any  court  having  jurisdiction,  or  to  the  house  of  cor- 
rection, work-house,  reform  school,  county  jail  or  other 
place  of  punishment  or  imprisonment,  under  judgment, 
sentence,  order,  or  process  of  such  court. 

104  Sec.  104.  Said  Commissioners  shall  have  power,  lyi^y  detail  reg- 
on  application  of  any  person  or  corporation,  if  deemed  ular,  or  ap- 

expedient,  to  detail  regular  patrolmen  of  the  police  force  PO'*”**  special, 
^ ^ ^ ^ policemen  or 

or  fire  force,  or  appoint  and  swear  any  additional  number  firemen, 

of  special  policemen  or  firemen  to  do  special  duty  at  any  when. 

place  within  such  city,  upon  such  person  or  corporation 

paying  for  the  use  of  such  city  the  same  per  diem  of  service 

on  such  detail  of  special  duty  as  is  paid  to  the  regular  Q^ties  of  spe* 

members  of  the  force.  Such  special  patrolmen  shall  be  cial  officers. 

subject  to  the  Superintendent  and  such  special  firemen  to 

the  Chief  of  the  Fire  Force.  They  shall  obey  the  rules  and 

regulations  of  their  respective  departments,  conform  to  its 

discipline  and  orders,  and  wear  such  dress  or  badge  as  the 

Commissioners  may  direct,  and  shall,  during  the  term  of 

their  appointment,  possess  all  the  powers,  privileges  and 

duties  of  regular  patrolmen  or  firemen.  Such  persons  so 

appointed  may  be  removed  at  any  time  by  said  Com-  cers,  removal. 

Tf! 


16 


168 


LAWS  AND  ORDINANCES. 


Detail  to 
Health  De- 
partment. 


Power  to  ad- 
minister oath. 


Duty  of  police 
force. 


missioners  without  notice  and  without  assigning  any  cause. 
Said  Commissioners  may  also,  upon  emergency  or  appre- 
hension of  riot,  tumult,  mob  or  insurrection,  pestilence  or 
invasion,  appoint  as  many  special  patrolmen  as  may  be 
desirable,  to  be  paid  the  same  rate  per  day  and  possess  the 
same  powers,  privileges  and  duties  as  members  of  the  regular 
force,  and  be  subject  to  the  same  ordinances,  regulations  and 
orders.  Such  patrolmen  and  firemen  shall  wear  badges 
furnished  by  their  respective  departments.  Such  Com- 
missioners may  also  detail  members  from  the  regular  forces 
for  the  use  of  the  Department  of  Health,  or  any  department 
of  the  city  government. 

105  Sec.  105.  Said  Commissioners  and  Superin- 
tendents of  Fire  and  Police  are  authorized  to  administer 
oaths  to  any  person  summoned  in  any  proceeding  authorized 
by  this  act,  or  to  make  any  depositions  under  the  rules, 
regulations  or  orders  of  said  Department  of  Public  Safety. 

106  Sec.  106.  It  is  hereby  made  the  duty  of  said 
police  force,  at  all  times  within  such  city,  and  the  members 
thereof  are  specially  empowered  to  preserve  peace,  prevent 
crime,  detect  and  arrest  offenders,  suppress  riots,  mobs  and 
insurrections,  disperse  unlawful  and  dangerous  assemblages, 
and  assemblages  which  obstruct  the  free  passage  of  public 
streets,  sidewalks,  parks  and  places,  protect  the  rights  of 
persons  and  property,  guard  the  public  health,  preserve  order 
at  elections  and  public  meetings,  direct  the  movements  of 
trains  [teams]  and  vehicles  in  streets,  alleys  or  public  places, 
remove  all  nuisances  in  public  streets,  parks  and  highways, 
arrest  all  street  beggars,  provide  proper  police  assistance  at 
fires,  assist,  advise,  and  protect  strangers  and  travelers  in 
public  streets  or  at  railroad  stations,  carefully  observe  and 
inspect  all  places  of  business  under  license,  or  required  to 
have  the  same,  all  houses  of  ill-fame  or  prosititution,  and 
houses  where  common  prostitutes  resort  or  reside,  all  lottery 
or  policy  shops,  all  gambling  houses,  cock-pits,  dance  houses, 
resorts,  and  to  suppress  and  restrain  all  unlawful  or  dis- 
orderly conduct  or  practices,  enforce  and  prevent  the 
violation  of  all  ordinances  and  laws  in  force  in  such  city.  The 
Superintendent  of  Police  and  each  Captain  in  his  precinct 


J 


ACTS. 


169 


shall  possess  the  power  of  supervision  and  inspection  over  all 
pawnbrokers,  venders,  junk  keepers,  cart  men,  expressmen, 
dealers  in  second-hand  merchandise,  intelligence  offices  and 
auctions,  and  any  member  of  such  force  may  be  authorized 
by  the  Superintendent  to  exercise  the  same  powers,  by 
authority  in  writing.  Said  Superintendent  or  any  Captain 
may,  by  written  authority,  empower  any  member  of  such 
police  force,  when  in  search  of  stolen  property,  of  evidence, 
or  of  suspected  offenders,  to  examine  the  books,  business  or 
premises  of  any  of  the  persons  named  in  this  section  and 
to  examine  propery  in  whosoever  possession  the  same 
shall  be. 

107  Sec.  107.  If  any  member  of  such  force,  or  if  any 
two  or  more  householders  in  such  city,  shall  report  in 
writing,  under  his  or  their  signature,  to  the  Superintendent 
of  Police  that  there  are 'good  grounds  (and  stating  the 
same)  for  believing  that  any  house,  room  or  premises 
within  such  city  is  kept  or  used  as  a common  gaming  house, 
room  or  premises,  for  therein  playing  for  wagers  of  money, 
at  any  game  of  chance,  or  to  be  kept  for  lewd  or  obscene 
purposes  of  amusements,  or  for  the  deposit  or  sale  of  lottery 
tickets  or  policies,  it  shall  be  lawful  for  said  Superintendent 
to  authorize  any  member  or  members  of  said  police  force, 
in  writing,  to  enter  the  same,  who  shall  forthwith  arrest 
all  persons  there  found  offending  against  law,  and  seize  all 
instruments  of  gaming  or  lottery  tickets,  and  deliver  the 
same  to  the  Superintendent,  who  shall  destroy  them. 

108  Sec.  108.  Whenever  arrest  has  been  made  by 
any  member  of  such  police  force,  it  shall  be  the  duty  of  the 
officer  making  the  arrest  to  forthwith  bring  the  person 
arrested  before  the  Mayor,  or  court  having  jurisdiction 
thereof,  to  be  dealt  with  according  to  law ; if  the  arrest  is 
made  during  the  hours  when  such  court  is  not  in  session, 
such  offender  shall  be  detained  in  the  city  prison  until 
there  shall  be  an  opportunity  for  such  hearing  at  the  earliest 
practicable  time,  or  until  he  shall  have  given  bond  for  his 
appearance,  and  no  person  shall  be  detained  longer  than 
twenty-four  hours  without  such  examination,  except  where 
Sunday  intervenes,  in  which  case  no  person  shall  be  detained 


Powers  of  Su- 
perintendent 
and  Captains 
of  Police. 


Searching 

premises. 


Gambling,  lot- 
teries, 

etc.,  suppres- 
sion of. 


Lottery  tick- 
ets, sale  of. 


Duties  in  case 
of  arrest. 


Arrest  and 
bond. 


Detention. 


170 


LAWS  AND  ordinances. 


Interfering 
with  officers. 


Power  to 
make  rules 
and  regula- 
tions. 


Police  and  fire- 
men’s insur- 
ance fund. 


City  Treasur- 
er’s office 
abolished. 


County  Treas- 
urer to  be 
City  Treas- 
urer. 


longer  than  forty-eight  hours ; any  person  or  corporation 
who  shall  interfere  with  said  Commissioners  of  Public 
Safety,  or  their  appointees,  in  the  legal  discharge  of  their 
duties,  shall  upon  conviction  be  fined  not  more  than  one 
thousand  dollars  ($i,ooo),  to  which  may  be  added  im- 
prisonment for  not  more  than  ninety  (90)  days. 

109  Sec.  109.  Said  Commissioners  shall  have 
power,  subject,  however,  to  city  ordinances,  to  adopt  rules 
regulating  the  giving  of  bond  by  any  appointee,  or  class 
of  appointees  in  such  department  for  faithful  performance 
of  official  duty. 

no  Sec.  no.  Said  Commissioners  may  at  any  time 
draft  an  ordinance  and  submit  the  same  to  the  Common 
Council,  who  shall  have  power  to  enact  the  same  like  other 
ordinances,  for  the  creation,  management  and  distribution 
of  a Police  Insurance  Fund,  or  of  a Firemen’s  Insurance 
Fund,  together  with  a provision  for  retaining  a per  cent,  of 
each  appointee’s  salary,  for  the  creation  of  such  fund,  and 
prescribing  the  conditions  of  its  investment,  and  who  shall 
be  entitled  to  the  benefit  thereof. 

DEPARTMENT  OF  ASSESSMENT  AND 
COLLECTION. 

111  Sec.  III.  That  on  and  after  taking  effect  of 
this  act  the  office  of  City  Treasurer  in  all  such  cities  shall 
be  abolished,  and  the  records,  books  and  papers  thereof, 
except  as  otherwise  herein  provided,  shall  be  turned  over 
to  and  preserved  by  such  other  officers  of  said  city  as  the 
Common  Council  of  such  citv  may  designate. 

112  Sec.  1 12.  The  Treasurer  of  the  county  in  which 
any  such  city  is  situated  shall  thereafter  perform  all  the 
duties  which  by  law  or  the  ordinances  of  such  city  were  re- 
quired to  be  performed  by  the  Treasurer  thereof,  except  as 
herein  otherwise  provided,  in  the  same  manner  and  with  like 
effects  as  such  duties  were  required  to  be  performed  by  such 
City  Treasurer ; he  shall,  immediately  upon  succeeding  to  the 
discharge  of  such  duties,  and  before  entering  upon  the  same, 
take  an  oath  to  honestly  discharge  such  duties,  and  execute 


Bond. 


ACTS. 


171 


a bond,  payable  to  the  State  of  Indiana,  with  at  least  four 
freehold  sureties,  to  the  approval  of  the  Common  Council 
of  such  city,  in  a penalty  to  be  prescribed  by  them,  not  less 
than  the  estimated  amount  of  all  taxes,  including  delinquent, 
to  be  levied  and  collected  for  municipal  and  school  purposes 
in  such  city  for  the  current  year,  conditioned  that  he  will 
honestly  and  faithfully  discharge  the  duties  of  his  office 
so  far  as  they  relate  to  or  affect  such  city,  and  safely  keep 
and  properly  account  for  and  pay  over  to  the  proper  person 
or  authority  all  moneys  and  property  of  such  city  which 
may  come  into  his  hands,  which  bond  shall  be  filed  with 
and  preserved  bv  the  Department  of  Finance. 

113  Sec.  1 13.  The  City  Treasurer  of  any  such  city 
at  the  taking  effect  of  this  act  shall  make  settlement  with 
the  City  Clerk  for  all  moneys  collected  and  disbursed  by 
him,  and  thereupon  a statement  shall  be  prepared,  which 
shall  be  signed  by  him  and  attested  by  such  Clerk, 
in  which  shall  be  shown  the  amount  of  moneys  in  his  hands 
belonging  to  the  general  fund  and  each  other  fund  of  which 
separate  accounts  is  required  to  be  kept  by  law  or  the 
ordinances  of  such  city,  and  the  total  amount  of  all  such 
funds.  A particular  description  shall  also  be  given  of  all 
bonds  and  other  securities  and  property  in  the  hands  of  said 
Treasurer  belonging  to  said  city.  Said  Treasurer  shall 
present  such  statements  to  the  County  Treasurer,  and  forth- 
with pay  over  to  him  all  the  funds  of  such  city  in  his  hands 
as  shown  therein,  and  also  deliver  to  him  all  the 
bonds,  securities  and  other  property  described  in 
such  statement;  and  said  County  Treasurer  shall  give  a 
receipt  therefor,  showing  the  amount  of  money  received  on 
account  of  each  fund,  and  the  total  amount  received,  de- 
scribing the  bonds,  securities  and  other  property  received, 
which  receipt  said  City  Treasurer  shall  deliver  to  the  City 
Clerk,  who  shall  issue  a quietus  therefor. 

114  Sec.  1 14.  Said  City  Treasurer  shall  also,  at  the 
taking  effect  of  this  act,  make  a settlement  with  the  City 
Clerk  on  account  of  the  tax  duplicate  and  delinquent  list 
which  may  then  be  in  his  hands  for  collection.  He  shall 
enter  upon  said  duplicate  and  list,  opposite  the  name  of 


Filed  with 
Comptroller. 

City  Treasurer 
to  settle  with 
City  Clerk. 


To  pay  money 
over  to  Coun- 
ty Treasurer. 


Settlement  of 
City  Clerk 
and  Treas- 
urer. 


172 


LAWS  AND  ORDINANCES. 


Duplicate  de- 
livered by 
City  Treas- 
urer to  Coun- 
ty Treasurer. 


County  Treas- 
urer, City 
T reasurer. 


Settlement. 

Special  tax, 
how  collected 


Receipt  and  li- 
cense. 


Precept  deliv- 
ered to 
Sheriff. 


each  person  from  whom  he  has  collected  any  taxes,  a 
statement  of  the  fact  showing  the  amount  collected,  and  at 
the  end  of  such  duplicate  and  list  the  aggregate  amount  of 
all  taxes  of  each  kind  collected  by  him  shall  be  deducted 
from  the  aggregate  amount  of  each  kind  of  tax  shown  in 
said  duplicate  and  said  list,  and  the  remainder  of  each  kind 
of  tax  uncollected  shall  be  stated,  and  the  same  shall  be 
signed  by  said  Treasurer  and  attested  by  the  Clerk.  Said 
tax  duplicate  and  delinquent  list  shall  then  be  delivered  by 
said  Treasurer  to  the  County  Treasurer,  who  shall  give 
him  a receipt  therefor,  stating  therein  the  amount  of  each 
kind  of  tax  therein  remaining  uncollected  and  the  aggregate 
of  all  such  taxes,  which  receipt  shall  be  filed  with  the 
City  Clerk. 

Said  County  Treasurer  shall  thereupon  proceed  to 
collect  the  taxes  contained  in  said  duplicate  and  list  in  the 
same  manner  as  is  required  by  law  to  collect  taxes  for  State, 
county,  township,  road  and  other  purposes  upon  the  county 
tax  duplicate  and  delinquent  list,  and  shall  make  settlement 
on  account  thereof  with  the  County  Auditor  at  the  same 
time  and  in  the  same  manner  as  he  is  required  by  law  to 
make  his  settlements  of  the  countv  tax  duplicate. 

115  Sec.  1 1 5.  Whenever  by  law,  or  the  ordinance 
of  any  such  city,  a license  or  special  tax,  or  sum  of  money 
other  than  taxes  contained  upon  the  tax  duplicate,  shall 
be  required  to  be  paid  by  any  person  into  the  treasury  of 
such  city,  such  person  shall  obtain  from  the  Department  of 
Finance  a statement  showing  the  amount  to  be  paid,  and 
on  what  account,  and  present  the  same  to  the  County 
Treasurer,  whose  duty  it  shall  be  to  receive  and  collect  said 
amount,  and  give  to  the  person  paying  the  same  a receipt 
showing  the  amount  paid  and  on  what  account,  which 
receipt  such  person  shall  deliver  to  the  Department  of 
Finance,  who  shall  thereupon  issue  to  such  person  a license 
or  quietus  as  mav  be  proper. 

116  Sec.  1 16.  The  City  Treasurer  of  any  such  city, 
on  the  taking  effect  of  this  act,  as  herein  provided,  shall  de- 
liver to  the  Sheriff  of  the  county  all  precepts  for  the  collec- 
tion of  street,  sewer  drain  and  other  assessments  of  like  char- 


sr. 


K 


L 


. < 


ACTS. 


173 


acter  which  may  be  in  his  hands  unexecuted ; and  thereafter 

all  such  precepts  shall  be  directed  and  issue  to  such  Sheriff,  Execute  deed, 

who  shall  execute  the  same  and  make  conveyances  m 

execution  of  sales  made  by  the  City  Treasurer,  the  same 

in  all  respects  as  such  precepts  are  required  to  be  executed 

and  conveyances  made  by  such  City  Treasurer,  for  which 

services  such  Sheriff  shall  receive  the  same  fees  as  are 

allowed  by  law  to  the  City  Treasurer,  to  be  paid  in  the 

same  manner. 


117  Sec.  117.  Beginning  with  the  year  1894,  and  Assessment 
thereafter,  the  assessment  and  appraisement  for  taxation 

for  State  and  county  purposes  of  all  real  and  personal 
property  and  polls,  subject  to  taxation  within  any  such  city 
shall  be  made  pursuant  to  the  provisions  of  the  act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled  “An  act 
concerning  taxation,”  approved  March  6,  1891,  and  all  acts 
amendatory  thereof  and  supplemental  thereto,  as  the  same 
shall  have  been  equalized  by  the  County  Board  of  Review 
and  the  State  Board  of  Tax  Commissioners,  including  all 
additions  made  thereto  by  said  Boards,  or  either  of  them, 
and  all  assessments  and  appraisements  made  by  the  Auditor 
of  the  county  in  which  such  city  is  situated  shall  be  the 
basis  upon  which  the  Common  Council  of  any  such  city  shall 
levy  and  assess  the  taxes  for  city  purposes,  which  they  shall 
deem  it  necessary  to  levy,  within  the  limitation  hereinafter 
prescribed  and  the  taxes  so  levied  shall  become  and  continue 
liens  upon  the  property  upon  which  they  are  levied  at  the 
time,  and  in  the  manner  and  to  the  extent  that  taxes  levied 
for  State,  county  and  other  purposes,  become  and  continue 
liens  upon  such  property  by  virtue  of  the  provisions  of  the 
acts  herein  referred  to.  [As  amended  1897,  page  21 1.] 

118  Sec.  1 18.  It  shall  be  the  duty  of  the  Auditor  Duty  of 
of  the  county  in  which  any  such  city  is  situated  to  make  Auditor, 
out  and  deliver  to  the  Department  of  Finance  of  said  city 

in  each  year,  beginning  with  the  year  1894,  a certificate, 
under  the  seal  of  the  Board  of  Commissioners  of  such 
county,  showing  the  aggregate  assessment  and  valuation  for 
taxation  for  State  and  county  purposes,  for  the  year  in 
which  such  certificate  is  made,  of  all  taxables,  real  and 


174 


LAWS  AND  ORDINANCES. 


To  give  Comp- 
troller valua- 
tion of  tax- 
able property. 


Council  to 
levy  tax. 


Amount  of 
levy. 


Comptroller  to 
certify  levy 
to  Auditor. 


Auditor  to  ex- 
tend on  tax 
duplicate. 


personal,  and  railroad  property,  in  such  city,  and  the  number 
of  taxable  polls  therein,  as  the  same  shall  have  been  returned 
by  the  Assessor  of  the  township  in  which  such  city,  or  any 
part,  is  situated,  and  as  equalized  by  the  County  Board  of 
Review  and  State  Board  of  Tax  Commissioners,  which 
certificate  shall  be  so  made  and  delivered  by  said  Auditor 
immediately  after  the  assessment  and  valuation  of  such 
property  and  polls  has  been  completed  and  returned  to 
his  office. 

119  Sec.  1 19.  Such  Department  of  Finance  shall 

lay  such  certificate  before  the  Common  Council  of  such 
city  at  its  regular  sitting  next  held  after  such  certificates  are 
received,  and  thereupon  such  Common  Council  shall  pro- 
ceed, in  the  manner  now  prescribed  by  law,  to  levy  such 
tax  upon  the  amount  of  property  and  polls  shown  in  such 
certificate  as  may  be  deemed  necessary  by  them  to  supply 
the  needs  of  such  city  during  the  ensuing  year  for  city, 
and  other  purposes  for  which  taxes  may  be  properly 
levied : Provided,  however.  That  it  shall  be  unlawful  for 

the  Common  Council  to  levy  a tax  or  taxes  for  any  one  year 
exceeding  in  the  aggregate  one  dollar  and  twenty-five  cents 
($1.25)  upon  the  hundred  dollars  of  assessed  and  appraised 
value  of  the  property  subject  to  taxation  in  such  city  for 
the  year  in  which  the  levy  is  made,  as  shown  by  the  assess- 
ment returned  to  and  on  file  in  the  office  of  the  County 
Auditor  and  by  his  certificate  herein  mentioned.  [As 
amended  1897,  page  21 1.] 

120  Sec.  120.  The  levies  of  taxes  made  as  provided 
in  the  last  section  shall  be  certified  by  the  Department  of 
Finance  under  its  seal,  without  delay,  to  the  County  Auditor, 
and  such  Auditor  shall  thereupon  proceed  to  estimate,  as  he 
is  now  required  to  do  in  reference  to  State,  county,  town- 
ship, road  and  other  taxes,  the  amount  of  tax  chargeable 
according  to  the  rate  prescribed  by  such  levies,  to  each 
person  who  is  listed  for  any  taxable  property  or  poll  in 
such  city  upon  the  assessment  and  appraisement  of  property 
and  polls  therein  made  for  the  year,  in  which  such  tax  is 
levied,  and  returned  by  the  Assessor  of  the  township  in 
which  such  city  is  situated,  and  equalized  by  the  County 


f . T 


ACTS. 


175 


Board  of  Review  and  State  Board  of  Tax  Commissioners, 
he  shall  enter  the  amount  of  the  tax,  including  delinquent 
tax  chargeable  to  each  person  against  the  name  of  such 
person,  as  it  appears  upon  the  tax  duplicate  of  the  county 
for  such  city  for  the  current  year,  in  the  column  in  which 
are  entered  the  current  and  delinquent  State,  county,  town- 
ship, road  and  other  taxes  with  which  such  person  is 
charged.  The  aggregate  of  all  taxes  with  which  such  person 
is  chargeable,  including  State,  county,  township,  road  and 
other  taxes,  shall  be  carried  out  and  set  down  opposite 
the  name  of  such  person  in  a column  of  totals,  and  in  the 
recapitulation  of  the  duplicate  now  required  by  law  to  be 
made  by  him,  he  shall  set  down  the  aggregate  of  all  taxes 
contained  in  the  duplicate  for  such  city,  said  duplicate  shall 
thereupon  be  delivered  to  the  Treasurer  of  the  county,  as 
now  provided  by  law. 

121  Si-:c.  I2I.  The  County  Treasurer  shall  include 
in  the  notice  now  required  by  law  to  be  given  by  him  of 
the  receipt  of  the  tax  duplicate  for  collection  a statement 
of  the  amount  of  tax  charged  in  such  city,  for  city 
purposes,  upon  each  one  hundred  dollars  valuation  of 
the  taxable  property,  and  also  for  such  purposes  upon 
each  taxable  poll,  and  such  notice  shall  be  the  only  notice 
required  to  be  given  of  the  fact  of  such  taxes  being  in  his 
hands  for  collection.  [As  amended  1897,  page  212  ] 

122  Sec.  122.  It  shall  be  the  duty  of  the  County 
Treasurer  to  receive  and  collect  all  taxes  shown  upon  the 
duplicate  of  such  city,  for  city  purposes,  the  same 
as  he  is  required  by  law  to  receive  and  collect  the 
taxes  shown  thereon  for  State,  county,  township,  road  and 
other  purposes,  if  one-half  of  the  amount  of  such  city 
taxes  for  the  current  year  charged  to  any  person 
and  the  entire  amount  of  delinquent  city  taxes,  penalty, 
interest  and  costs  charged  to  such  person  and  un- 
paid, be  paid  on  or  before  the  third  Monday  of  April, 
the  payment  of  the  other  half  of  such  taxes  for  the  current 

_ year  may  be  postponed  to  the  first  Monday  of  November 
following,  but  if  on  or  before  the  third  Monday  of  April 
payment  be  not  made  of  that  portion  of  the  above  specified 
17 


Treasurer  t® 
give  notice. 


County  Treas- 
urer to  col- 
lect all  taxes. 


Delinquent. 


i 


176 


LAWS  AND  ORDINANCES. 


Penalty. 


Levy  and  sale 
of  property. 


Treasurer  to 
settle  with 
Auditor. 


amount,  the  entire  amount  of  unpaid  city  and  school  taxes 
charged  upon  the  duplicate  to  such  person  shall  become  due 
and  be  returned  delinquent  and  collected  as  such,  with  like 
penalty,  interest  and  costs  as  is  provided  where  the  first 
installment  of  State,  county,  township  and  road  taxes  are 
not  paid  by  the  time  prescribed.  If  such  taxes  remain  delin- 
quent after  the  first  Monday  of  November  following,  there 
shall  be  an  additional  penalty  of  six  per  centum  added 
to  all  such  taxes  that  become  delinquent  at  the  preceding 
April  and  November  settlements,  but  a penalty  of  ten 
per  centum  only  shall  be  added  to  the  current  delinquency 
occurring  on  the  first  Monday  of  November.  After  pay- 
ment by  any  person  of  taxes  charged  to  him,  the  Treasurer 
shall  give  to  such  person  a receipt  in  the  form  prescribed 
by  law,  which  shall  include  all  taxes  paid  by  him,  the  city 
as  well  as  other  taxes.  Any  partial  payment  of  either  cur- 
rent or  delinquent  taxes  shall  be  pro  rated  among  the 
different  taxes  charged  to  the  person  paying  in  proportion 
to  the  amount  of  such  taxes  respectively.  [As  amended 
1897,  page  212.] 

123  Sec  123.  If  either  installment,  or  any  part 
thereof,  of  such  taxes  for  such  city  purposes  remain 
unpaid  after  expiration  of  the  time  limited  for  pay- 
ment thereof,  the  County  Treasurer  shall  have  the  same 
power  and  be  under  a like  duty  to  collect  the  entire  amount 
of  such  taxes  remaining  unpaid  by  levy  and  sale  of  personal 
property  and  by  suit  as  is  granted  to  and  imposed  upon  him 
for  the  collection  of  delinquent  State,  county,  township, 
road  and  other  taxes.  [As  amended  1897,  page  213.] 

124  Sec  124.  The  County  Treasurer  shall  at  the 
time  of  making  his  annual  settlement  with  the  County 
Auditor,  on  the  third  Monday  of  April,  as  now  required 
by  law.  make  settlement  with  said  Auditor  for  the  amount 
with  which  said  Treasurer  is  to  stand  charged  on  account 
of  city  taxes,  in  the  manner  prescribed  for  his  settlement 
of  State,  county,  township,  road  and  other  taxes,  and  for 
all  of  such  city  taxes  appearing  upon  the  tax  duplicate  and 
not  shown  upon  such  settlement  to  be  uncollected,  said 
Treasurer  shall  be  held  liable  as  having  been  collected  and 


ACTS. 


177 


received  by  him.  Immediately  upon  such  settlement  being 
made,  the  Auditor  shall  make  out  a statement  showing  the 
aggregate  amount  of  all  current  and  delinquent  taxes  for 
city  purposes,  including  with  the  delinquent  taxes  the 
penalties  and  interest  thereon,  which  appear  upon  the  tax 
duplicate  for  said  city,  the  amount  of  such  taxes,  pen- 
alty and  interest  that  remains  uncollected  at  the  time  of 
such  settlement,  and  the  amount  of  each  class,  including 
penalty  and  interest  that  has  been  collected  by  said  Treasurer 
and  appear  upon  the  duplicate  for  such  city ; the  amount 
thereof  that  has  been  collected  by  such  Treasury,  and 
the  amount  thereof  that  remains  uncollected  at  the  time 
of  settlement.  Said  statements  shall  be  signed  and  sworn 
to  by  said  Treasurer,  and  certified  by  the  County  Auditor, 
under  the  seal  of  the  Board  of  Commissioners,  to  be  cor- 
rected abstracts  of  the  Treasurer’s  settlement  on  account  of 
such  city  taxes.  One  copy  of  the  first  mentioned 
statement  shall  be  delivered  by  the  County  Auditor  to  the 
Department  of  Finance  of  such  city,  who  shall  thereupon 
charge  the  amounts  shown  thereby  to  have  been  collected 
to  such  County  Treasurer  as  cash  in  his  hands.  [As 
amended  1897,  page  213.] 

125  Sec.  125.  The  County  Treasurer,  immediately 
upon  such  settlement  being  made,  shall  pay  over  to  the 
Treasurer  of  the  Board  of  School  Trustees  of  such  city, 
the  full  amount  for  which  he  is  liable  as  shown  by  such 
settlement  on  account  of  school  taxes,  interest  and  penalty 
collected  by  him,  for  which  he  shall  take  a receipt  from 
such  Treasurer,  which  receipt  he  shall  deliver  to  the  Secre- 
tary of  said  Board  of  School  Trustees,  who  shall  give  him 
a quietus  therefor  and  credit  him  with  the  amount  thereof, 
and  charge  such  amount  to  the  Treasurer  of  the  Board. 

126  Sec.  126.  The  County  Auditor  shall  include  in 
the  delinquent  list  required  by  law  to  be  made  by  him  after 
the  annual  settlement  with  the  Treasurer  on  the  third 
Monday  of  April  the  amount  of  all  city  taxes  shown 
by  such  settlement  to  be  uncollected,  and  carry  the 
same  out  and  include  in  it  the  total  of  all  taxes  due  from 
the  person  liable  therefor  as  shown  in  said  list,  and  such 


Liability  of 
Treasurer. 


Payment  to 
School  Board. 


Quietus. 


Delinquent 
list,  what  it 
must  show. 


178 


- LAWS  AND  ORDINANCKS. 


Delinquent, 
school  and 
city  taxes. 


list  when  delivered  to  the  County  Treasurer,,  shall  empower 
him,  ,and  it  shall  be  his  duty  to  collect  all  delinquent  city 
taxes  embraced  thereiq,  in  the  same  manner  and  with  the 
same  penalty  and  interest,  as  the  State,  county,  township, 
road  and  other  taxes  contained  therein.  [As  amended 
1897,  page  214.] 

127  Sec.  127.  On  the  first  Monday  of  each  year, 
the  County  Treasurer  shall  make  settlement  with  the  County 
Auditor  for  the  amount  of  the  delinquent  city  taxes, 
penalty  and  interest  shown  upon  said  delinquent  list 
in  the  same  manner  as  he  is  now  required  by  law  to  make 
in  such  settlement  for  delinquent  State,  county,  township, 
road  and  other  taxes  collected  by  him,  and  upon  such  settle- 
ment, statements  signed,  sworn  and  certified  to  by  said 
Treasurer  and  Auditor.  In  the  same  manner  prescribed  in 
Section  124  of  this  act  shall  be  prepared  a statement 
showing  the  aggregate  amount  of  city  delinquent  taxes, 
penalty  and  interest  which  had  been  contained  in  such 
delinquent  list,  the  amount  thereof  collected  and  the  amount 
still  remaining  uncollected,  a copy  of  which  statement  shall 
be  transmitted  to  the  Department  of  Finance  as  required 
with  reference  to  the  statement  mentioned  in  Section  124. 
[As  amended  1897,  page  214.] 


Payment  of 
school  money 
to  School 
T rustees. 


Auditor,  de- 
linquent list. 


128  Sec.  128.  The  County  Treasurer  shall  imme- 
diately thereafter  pay  to  the  Treasurer  of  the  Board  of 
School  Trustees  of  such  city  the  full  amount  of  delinquent 
school  taxes,  interest  and  penalty,  shown  by  such  statement 
to  have  been  collected,  and  shall  take  a receipt  therefor, 
which  he  shall  deliver  to  the  Secretary  of  the  Board  of 
School  Trustees,  who  shall  give  him  a quietus  therefor,  and 
thereupon  charge  the  Treasurer  of  the  Board  with  the 
amounts  shown  by  such  receipt  to  have  been  received  by  him. 

129  Sec.  129.  The  County  Auditor,  in  making  out 
the  list  of  lands  and  lots  in  such  city  returned  and  remaining 
delinquent  for  State,  county,  township,  road  and  other 
taxes  which  he  is  required  by  law  to  make  between  the 
first  Monday  of  November  and  the  first  day  of  January,  in 
each  year  shall  enter  therein  against  the  name  of  each  person 
remaining  delinquent  on  account  of  State,  county,  township. 


r 


ACTS. 


179 


road  and  other  taxes  the  amount  of  all  delinquent  taxes  for 
city  purposes  for  which  said  lands  and  lots  are  liable, 
including  taxes  on  poll  and  personalty,  and  adding- 
interest  and  a penalty  of  ten  per  centum  thereon,  and  also 
the  amount  of  all  taxes  for  city  purposes  assessed  for  the 
current  year,  for  which  said  lands  or  lots  are  liable,  in- 
cluding taxes  on  poll  and  personalty,  which  said  taxes  shall 
be  carried  out  with  the  taxes  for  State,  county,  township, 
road  and  other  purposes,  into  one  total.  [As  amended  1897, 
page  214.] 

130  Sec.  130.  Payment  of  such  delinquent  and 
current  city  taxes,  with  interest,  penalty  and  costs, 
shall  be  enforced  by  sale  of  the  lands  and  lots  liable 
therefor,  or  so  much  thereof  as  may  be  necessary,  which 
sale  shall  be  made  by  the  County  Treasurer  in  the  same 
manner,  at  the  same  time  and  place,  and  upon  the  same 
notice  as  is  prescribed  by  law  for  the  sale  of  lands  and  lots 
for  the  payment  of  delinquent  State,  county,  township,  road 
and  other  taxes,  the  property  to  be  offered  for  sale  and 
sold  for  the  payment  of  all  taxes  of  every  kind  for  which 
the  same  is  liable,  with  interest,  penalty  and  costs  thereon, 
as  one  entire  sum,  and  not  separately,  for  said  city 
taxes.  Nor  shall  notice  of  the  same  be  given  sep- 
arately for  the  city  taxes,  but  it  shall  be  stated  in  the  notice 
required  to  be  given  of  the  sale  of  the  lands  and  lots  for 
State,  county,  township,  road  and  other  taxes  that  the  sale 
thereof  will  also  be  for  the  payment  of  the  city  taxes,  which 
shall  be  the  only  notice  required  to  be  given.  [As  amended 
1897,  page  215.] 

131  Sec.  13 1.  Payment  of  the  bid,  upon  the  sale  of 
any  such  lands  and  lots,  shall  be  enforced,  so  far  as  it  re- 
lates to  city  taxes,  by  the  same  officer,  and  in  the  same 
manner,  and  with  the  same  penalty  and  costs,  as  is  provided 
by  law  for  the  enforcement  of  the  payment  of  a bid  made 
upon  the  sale  of  lands  and  lots  for  State,  county,  township, 
road  and  other  taxes  alone.  The  guaranty  required  by  law 
to  be  endorsed  by  the  County  Treasurer  upon  each  certificate 
given  by  him  upon  a purchase  of  lands  and  lots  for  State, 
county,  township,  road  and  other  taxes,  shall  in  every  case 


Penalty  and  in- 
terest. 


Enforcement 
of  payment  of 
taxes. 


Notice,  kind. 


Enforcing  bids 
on  tax  sales. 


T reasurer’s 
guaranty, 
how. 


Tax  certifi- 
cates, issuing 
of  them. 
Redemption. 


Quieting  title. 
Interest  and 
penalties 
collected. 


Auditor’s  sal- 
ary, how  paid. 


County  Treas- 
urer’s salary. 


380  LAWS  AND  ORDINANCES. 

where  such  sale  is  made  for  city  taxes,  also  apply  to  and 
embrace  the  amount  of  city  taxes  for  which  sale  was  made ; 
and  the  holder  of  such  certificate  shall  have  the  same 
remedy  upon  such  guaranty  as  to  the  city  taxes,  embraced 
therein  that  he  has  as  to  State,  county,  township,  road  and 
other  taxes  to  which  the  same  relates.  [As  amended  1897, 
page  215.] 

132  Sec.  132.  All  provisions  of  law  in  reference  to 
the  certificate  to  be  issued  to  a purchaser  of  lands  and  lots 
upon  sale  for  State,  county,  township,  road  and  other  taxes ; 
the  effect  of  such  sale  and  the  rights  of  the  purchaser;  re- 
demption therefrom ; the  making  of  deeds  on  failure  of 
redemption,  and  as  to  the  force  and  effect  of  such  deeds ; 
for  the  quieting  of  titles  acquired  thereunder;  for  trans- 
ferring to  the  purchaser  the  original  lien  for  the  taxes  for 
which  the  sale  was  made,  and  subsequent  taxes  paid ; and 
for  the  enforcement  of  such  lien  by  judicial  proceedings, 
when  the  purchaser  fails  to  acquire  a valid  title  by  virtue 
of  the  purchase ; and  as  to  the  interest  and  penalties  to  be 
collected  upon  redemption  from  such  sales  before  deed  is 
made,  or  upon  judicial  proceedings  to  quiet  the  title  or 
enforce  the  lien  of  the  purchaser;  and  all  other  provisions 
of  law  relating  to  levying,  assessing,  collecting  and 
accounting  for  State,  county,  township,  road  and  oilier 
taxes,  shall,  so  far  as  the  same  are  applicable,  apply  with 
like  force  and  effect  in  case  of  city  taxes  in  cities  of  the 
class  referred  to  in  this  act.  [As  amended  1897,  page  216.] 

133  Sec.  133.  The  County  Auditor,  for  all  services 
required  to  be  performed  by  him  under  this  act,  shall  receive 
an  annual  salary  of  three  hundred  dollars  ($300)  to  be 
paid  quarterly  out  of  the  funds  of  the  city,  upon  allowance 
by  the  Common  Council  thereof.  The  County  Treasurer, 
for  all  services  required  to  be  performed  by  him  under  this 
act,  shall  receive  an  annual  salary  of  one  thousand  dollars 
($1,000)  to  be  paid  quarterly  out  of  the  funds  of  the  city, 
upon  allowance  by  the  Common  Council  thereof.  He 
shall  receive  no  percentage  for  receiving,  collecting  or 
disbursing  any  of  the  funds  of  such  city,  whether  derived 
from  taxes,  current  or  delinquent,  or  from  special  assess- 
ments, taxes,  licenses  or  other  sources. 


ACTS. 


181 


DEPARTMENT  OF  HEALTH  AND  CHARITIES. 

134  Sec.  134.  The  Department  of  Health  and  Char- 
ities shall  be  under  the  control  of  three  Commissioners,  who 
shall  be  practicing  physicians,  to  be  appointed  by  the  Mayor, 
as  hereinbefore  provided.  Said  Commissioners  shall  each 
receive  a salary  of  one  hundred  dollars  ($100)  per  year. 
Said  Commissioners  shall  have  charge  of  all  matters  relating 
to  public  health  and  the  enforcement  of  laws  in  relation 
thereto.  Said  Commissioners  shall  elect  one  of  their  num- 
ber Registrar  of  Vital  Statistics,  who  shall  be  Secretary  and 
Executive  Officer  of  their  Board,  and  shall  attend  to  the 
proper  registration  of  births,  marriages  and  deaths  and  such 
other  statistical  information  as  the  Department  may  require. 
Said  Registrar  of  Vital  Statistics  shall  receive  for  his  ser- 
vices the  sum  of  one  hundred  dollars  ($100)  in  addition 
to  his  salary  as  Health  Commissioner. 

Said  Health  Commissioners  shall  nominate  for  appoint- 
ment by  the  Department  of  Public  Safety,  as  special  sanitary 
officers,  if  in  their  judgment  they  deem  it  necessary,  skilled 
and  competent  persons  for  live  stock  and  meat  inspectors 
and  food  inspectors,  whose  duty  it  shall  be  to  inspect  all 
live  stock,  meat  and  food  offered  for  sale  for  human  food 
in  such  city,  and  to  attend  the  public  markets  and  carefully 
watch  over  the  same  and  prevent  the  selling  or  offering  to 
sell,  for  human  food,  any  and  all  articles  unfit  for  use,  and 
said  Commissioners  are  hereby  authorized  to  require  from 
the  Department  of  Public  Safety  special  detail  of  policemen 
or  firemen  to  execute  orders  of  such  Department  of  Public 
Health  whenever  needed.  Said  Department  of  Public  Safety 
shall  detail  policemen  who  shall  be  constantly  subject  to  the 
orders  of  such  Department  of  Public  Health.  In  case  of 
disagreement  as  to  the  number  of  sanitary  officers  required, 
between  said  two  departments,  or  as  to  the  number  or  dura- 
tion of  service  of  such  details  of  firemen  and  policemen,  the 
Mayor  shall  decide  the  question. 

135  Sec.  135.  Said  Health  Commissioners  are 
hereby  authorized  and  directed  to  prepare  ordinances  for 
the  protection  of  public  health,  for  securing  the  proper 
registration  of  births,  marriages  and  deaths,  and  such  other 


Appointment 
of  Board. 


Salary. 


Power  of 
Board. 


Appointments 
by  Board. 


City  Sani- 
tarian. 


Detail  police- 
men. 


May  prepare 
health  ordi- 
nances. 


182 


IvAWS  AND  ORDINANCES. 


Births  and 
deaths,  re- 
port of. 

Plumbing  In- 
spector. 


Waterworks 

Trustees. 


Powers. 


Time  of 
election. 


statistical  information  as  the  Department  may  require,  with 
penalties  for  their  violation;  for  the  removal  and  burial  of 
the  dead,  and  the  destruction  or  fumigation  of  infected 
property  or  premises,  for  the  registration  of  plumbers  and 
the  inspection  of  plumbing  and  house  drainage  in  all 
buildings,  both  public  and  private,  erected  after  the  passage 
of  this  act,  and  in  all  buildings,  both  public  and  private, 
erected  prior  thereto,  wherein  changes  in  or  additions  to 
the  plumbing  or  drainage  are  to  be  made ; for  the  appoint- 
ment of  an  Inspector  of  Plumbing  and  House  Drainage, 
who  shall  be  a practical  plumber,  who  shall  be  required  to 
pass  an  examination  as  to  his  qualifications  by  a board  of 
three  practical  plumbers  doing  business  and  residing  in  such 
city,  said  Board  to  be  selected  by  the  Health  Commissioners 
of  such  city.  Such  ordinances  shall  be  submitted  to  the 
Council  for  passage  as  other  ordinances. 

136  Sec.  136.  In  any  such  city  in  which  water 
works  have  been  constructed,  or  are  now  in  process  of  con- 
struction or  extension,  or  where  water  works  shall  hereafter 
be  ordered,  there  shall  be  a board  of  three  trustees,  to  be 
known  as  the  Trustees  of  the  Water  Works,  who  shall  have 
and  possess  all  the  power  and  be  under  all  the  obligations 
and  do  and  perform  all  the  duties  now  conferred  upon  Trus- 
tees of  the  Water  Works  under  and  by  virtue  of  an  act  of 
th  General  Assembly  of  this  State,  entitled  ‘‘An  act  to 
authorize  cities  and  incorporated  towns  to  construct,  main- 
tain and  operate  water  works,  issue  and  sell  bonds  to  pay 
for  such  construction,  repealing  all  laws  in  conflict  with  this 
act,  and  declaring  an  emergency,”  approved  March  25,  1879, 
and  all  laws  amendatory  thereof  and  supplementary  thereto. 
Such  Trustees  shall  be  elected  by  the  ((ualified  voters  of  such 
city  at  the  said  city  election  to  be  held  on  the  first  Tuesday 
of  May,  1901,  and  every  two  (2)  years  thereafter,  and  shall 
hold  their  office  for  a term  of  two  (2)  years.  Whenever 
in  such  cities  there  is  at  present  a Board  of  Water  Works 
Trustees,  elected  by  the  people,  they  shall  hold  their  office 
until  noon  of  the  first  Tuesday  after  said  election  on  the  first 
Tuesday  in  May,  1901.  For  the  purpose  of  paying  the 
expenses  of  managing  and  operating  the  water  works  in 


ACTS. 


183 


such  city,  and  for  making  extensions  and  improvements, 
and  paying  the  interest  on  any  water  works  debt,  thereon 
incurred  in  the  building  thereof.  The  Board  of  Trustees 
of  the  Water  Works  in  such  cities  shall  have  power  to  assess 
and  collect,  from  time  to  time,  a water  rent  or  charge  of 
sufficient  amount  in  such  manner  as  they  deem  most 
equitable,  upon  all  tenants  and  premises  supplied  with  water, 
and  for  the  supply  of  boilers,  locomotive  engines,  and  all 
other  purposes  for  which  water  may  be  supplied.  Should 
there  be  any  surplus  after  the  payment  of  the  costs  of 
operation  and  maintenance,  and  the  necessary  extensions  and 
improvements,  and  the  interest  on  water  works  debt,  if  any, 
such  surplus  shall  be  set  aside  as  a sinking  fund  for  the 
ultimate  payment  of  such  debt.  [As  amended  1899. 
page  149.] 

137  Sec  137.  All  laws  and  parts  of  laws  in  conflict 
with  any  of  the  provisions  of  this  act  are  hereby  repealed  on 
and  after  the  first  Tuesday  of  I\Iay,  1894,  in  so  far  as  they 
relate  to  cities  of  the  class  referred  to  in  this  act  and  are 
in  conflict  with  its  provisions. 

138  Sec.  138.  Whereas,  An  emergency  exists  for 
the  immediate  taking  effect  of  this  act,  the  same  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


GENERAL  PROVISIONS  RELATING  TO  CITIES 
AND  TOWNS. 

(In  Force  June  10,  1852.) 

139  Sec.  I.  No  property  qualification  shall  be  neces- 
sary to  render  any  citizen  eligible  to  hold  any  office  of  any 
municipal  incorporation  in  the  State. 

(In  Force  June  10,  1852.) 

140  Sec.  2.  In  all  municipal  elections  under  town 
or  city  charters  in  this  State,  no  other  qualifications  shall 
hereafter  be  required  of  any  voter  than  such  as  are  made 
necessary  under  the  Constitution  of  the  State,  except  that 
the  voter  shall  reside  in  the  ward  or  district  where  he  may 
offer  to  vote. 

18 


Present  Trus- 
tees. 


Collection  of 
water  rents. 


Laws  repealed. 


Emergency. 


Qualification 
for  office. 


Qualification 
of  voters. 


184 


LAWS  AND  ORDINANCES, 


Elections. 


Precincts, 
what  consti- 
tutes. 


Precincts,  how 
changed. 


Prisons. 


(In  Force  September  19,  1881.) 

141  Sec.  6o.  In  city  and  town  elections,  each  ward 

in  which  the  number  of  voters  does  not  exceed  three  hun- 
dred and  fifty  shall  constitute  a precinct : Provided, 

That  the  Common  Council  of  any  city  or  the  trustees  of  any 
town  shall  make  such  changes  in  places  of  holding  elections, 
or  divisions  of  precincts,  in  their  respective  cities  and  towns, 
as  will  limit  the  number  of  voters  in  each  precinct  in  three 
hundred  and  fifty  (350)  as  near  as  may  be:  Provided, 

That  no  such  changes  or  divisions  shall  be  made  without 
giving  due  notice  at  least  one  month  before  any  election, 
either  by  publication  in  the  newspaper  having  the  largest 
circulation  in  the  county  in  which  such  city  or  town  is 
situated,  or  by  posters  put  up  in  four  of  the  most  public 
places  in  such  precinct.  Such  council  or  trustees  shall 
appoint  three  qualified  voters  in  each  precinct,  one  to  act 
as  Inspector  and  two  as  Judges  of  Elections,  who  shall  have 
been  freeholders  and  resident  householders  in  such  precinct 
for  at  least  one  year  next  preceding  any  election  at  which 
they  may  officiate;  such  Inspectors  and  Judges  to  be  ap- 
pointed according  to  such  regulations  as  are  hereinafter 
specified.  Such  Inspector  and  Judges,  when  so  appointed, 
shall  constitute  a Board  of  Election ; which  Board  of  Election 
shall  have  the  power  and  shall  perform  all  the  duties  of 
Boards  of  Election  as  hereinbefore  specified. 

(In  Force  September  7,  1861.) 

142  Sec.  I.  Any  incorporated  town  or  city  shall 
have  power  to  erect  a prison  within  the  limits  of  such  town 
or  city;  and  it  shall  be  lawful  to  imprison  therein  persons 
convicted  of  offenses  against  the  laws  of  such  incorporation, 
or  for  offenses  against  the  penal  laws  of  the  State,  and  also, 
persons  charged  with  offenses  punishable  by  indictment  or 
presentment,  temporarily,  until  they  can  be  conveniently  re- 
moved to  the  county  jail.  So  far  as  the  same  shall  be 
applicable,  the  law  governing  county  jails  shall  be  the  law 
of  such  town  or  city  prison ; and  in  all  cases  where  the 
county  jails  are  convenient  they  may  be  used  for  town  pur- 
poses until  a town  or  city  prison  shall  be  erected. 


ACTS. 


185 


(May  10,  1861.) 

143  Sec.  I.  Whenever  the  Mayor  and  Common 
Council  of  any  incorporated  city  or  the  Trustees  of  any 
town  in  the  State  of  Indiana  shall  obtain  from  the  State 
authorities  arms  of  any  kind,  to  be  used  by  the  military 
organizations  of  such  cities  or  towns ; or  whenever  any 
volunteer  military  organization  shall  obtain  arms  from  the 
State,  it  shall  be  lawful  for  the  Mayor  and  Common  Council 
of  such  city  or  the  Trustees  of  such  town  to  cause  to  be 
executed  and  delivered  to  the  Governor  of  the  State  of 
Indiana,  a bond,  conditioned,  according  to  law,  for  the 
safety  and  delivery  of  such  arms  in  the  manner  as  now  by 
law  provided ; and  said  bond  shall  have  the  same  force  and 
effect  as  a bond  with  personal  security  is  now  held. 

(May  10,  1861.) 

144  Sec.  2.  The  Governor  may,  in  his  discretion, 
distribute  public  arms,  as  herein  provided,  to  any  incor- 
porated town  or  city,  notwithstanding  any  other  law  in 
conflict  herewith. 

(December  20,  1865.) 

145  Sec.  I.  The  incorporated  cities  and  incorpor- 
ated towns  of  this  State  are  hereby  invested  with  full  power 
to  compel  the  owners  of  lots  and  parts  of  lots  bordering 
on  any  street,  alley,  public  square,  or  common  of  said  cities 
and  towns,  to  plant  and  maintain  shade  trees  along  said 
streets,  alleys,  public  square,  or  common,  under  the  same 
regulations  and  in  the  same  manner  in  which  the  grading 
and  paving  of  streets  and  sidewalks  are  now  enforced.  When 
such  owners  shall  petition  the  Common  Council  for  the 
planting  and  maintaining  of  any  particular  kind  of  tree, 
said  Council  shall,  in  making  their  order  for  the  same, 
designate  the  kind  of  tree  named  in  said  petition ; but  when 
the  kind  of  tree  shall  not  be  designated  in  said  petition,  or 
where  shade  trees  are  required  to  be  planted  and  maintained 
on  order  of  the  Council  without  petition,  then  the  Council, 
in  making  the  proper  order,  shall  designate  therein  the  kind 
(ff  tree  to  be  planted  and  maintained.  The  Common  Council 
are  hereby  invested  with  full  power  to  pass  by-laws  and 
ordinances  for  the  protection  and  preservation  of  trees 


Security  for 
arms. 


Distribution 
of  arms. 


Planting  shade 
trees. 


186 


LAWS  AND  ORDINANCES. 


Issuance 
of  funding 
bonds. 


Sinking  fund 
and  interest. 


established  in  pursuance  of  this  act,  and  to  designate  the 
distance  at  which  shade  trees  shall  be  established  and  the 
kind  of  lioxing  or  other  ])rotection  for  the  same,  the  cost 
of  which  shall  be  assessed  and  collected  in  the  same  manner 
in  which  the  cost  of  establishing  and  maintaining  shade 
trees  is  assessed  and  collected. 

(March  7,  1881.) 

146  Sec.  I.  Any  city  or  town  in  this  State,  having 
a voting  population  of  less  than  sixteen  thousand  (i6,ooo), 
as  shown  by  the  votes  cast  for  Governor  at  the  last  preceding 
election,  and  having  an  indebtedness  evidenced  by  bonds, 
notes,  or  other  oblig*ations  heretofore  issued  or  negotiated 
by  such  city  or  town,  may,  for  the  purpose  of  funding  such 
indebtedness,  or  any  part  thereof,  and  reducing  the  rate  of 
interest  thereon,  and  cancelling  so  much  thereof  as  may  be 
due  or  shall  hereafter  liecome  due,  upon  the  vote  of  two- 
thirds  of  the  memliers  of  the  Common  Council  of  such  city 
or  the  Board  of  Trustees  of  such  town,  issue  its  bonds, 
with  interest  coupons  attached,  for  an  amount  not  exceeding- 
in  the  aggregate  the  whole  amount  of  the  indebtedness  of 
such  city  or  town  ; which  bonds  may  be  of  any  denomination 
not  less  than  fifty  dollars  ($50)  nor  more  than  one  thousand 
dollars  (Si,ooo),  and  shall  be  payable  at  any  place  after 
two  years,  in  equal  annual  installments,  not  exceeding  in  all 
the  period  of  fifteen  (15)  years,  and  shall  bear  any  rate  of 
interest  not  exceeding  six  (6)  per  cent,  per  annum,  payable 
semi-annually ; and  such  city  or  town  may  negotiate  such 
lionds  at  any  market  or  place  at  not  less  than  par. 

(March  7,  1881.) 

147  Sec.  2.  The  Common  Council  of  such  city  or 

the  Board  of  Trustees  of  such  town  shall  add  to  the  tax 
duplicate  thereof  annually,  a levy  sufficient  to  pay  the 
yearly  interest  on  said  bonds  and  to  provide  a sinking  fund 
for  the  liquidation  of  the  principal  thereof,  as  they 
become  due ; which  sinking  fund,  together  with  all  interest 
increase,  or  profit  thereon,  shall  be  applied  to  the  payment 
of  said  bonds  and  to  no  other  purpose : Provided,  however, 

That  in  all  cases  where  bonds  have  heretofore  or  may  be 


ACTS. 


187 


hereafter  issued  for  the  purposes  contemplated  by  said  act, 
there  shall  remain  any  surplus  after  the  payment  of  all  the 
principal  and  interest  of  said  bonds,  said  surplus  may,  by  a 
vote  of  two-thirds  of  the  members  of  the  Common  Council  of 
such  city  or  the  Board  of  Trustees  of  such  town  be  paid 
over  to  any  other  fund  belonging  to  or  controlled  by  such 
city  or  town  as  such  Common  Council  or  Board  of  Trustees 
may  by  such  vote  direct,  and  such  surplus  may  then  be  used 
in  the  same  manner  as  if  originally  collected  for  the  fund 
to  which  it  may  be  paid  over  as  aforesaid. 

(March  2,  1895.) 

148  Sec.  I.  Any  city  or  town  in  this  State,  being 
indebted,  or  hereafter  becoming  indebted,  which  indebted- 
ness is  evidenced  by  bonds,  notes  or  other  obligations 
heretofore  or  hereafter  issued,  or  negotiated  by  such  city 
or  town,  may  for  the  purpose  of  funding  or  refunding  such 
indebtedness  or  any  part  thereof,  reducing  the  rate  of 
interest  thereon,  extending  the  time  of  payment  thereof,  and 
cancelling  so  much  thereof,  as  may  be  due.  or  which  shall 
hereafter  become  due,  upon  the  vote  of  two-thirds  of  the 
members  of  the  Common  Council  of  such  city,  or  Board 
of  Trustees  of  such  town,  issue  its  bonds  with  interest 
coupons  attached,  for  an  amount  not  exceeding  in  the 
aggregate  the  whole  amount  of  the  indebtedness  of  such 
city  or  town,  which  bonds  may  be  of  any  denomination,  not 
less  than  fifty  dollars  ($50)  nor  more  than  one  thousand 
dollars  ($1,000),  and  shall  be  payable  at  any  place  named 
therein,  and  at  a time  not  later  than  twenty-five  (25)  years 
from  the  date  thereof,  and  shall  bear  any  rate  of  interest 
not  exceeding  six  (6)  per  centum  per  annum,  payable 
annually  or  semi-annually,  and  such  city  or  town  may  nego- 
tiate such  bonds  at  any  market  or  place  at  not  less  than  par. 

(March  2,  1895.) 

149  Sec.  2.  The  Common  Council  of  such  city,  or 
the  Board  of  Trustees  of  such  town,  shall  add  to  the  tax 
duplicate  thereof,  annually  a levy,  sufficient  to  pay  the  yearly 
interest  on  said  bonds,  and  may  provide  a sinking  fund  for 
the  liquidation  of  the  principal  thereof,  when  it  shall  become 


Surplus. 


Refunding 

bonds. 


Interest  and 
sinking  fund, 
levy. 


188 


LAWS  AND  ORDINANCES. 


Interest 
coupons  re- 
ceivable in 
payment  of 
what. 


Funding  bonds 


due,  which  sinking  fund,  together  with  the  interest,  increase 
or  profit  thereon,  shall  be  applied  to  the  payment  of  said 
bonds,  and  to  no  other  purpose:  Provided,  This  act  shall 

not  authorize  the  issuance  of  bonds  for  the  purpose  of 
funding,  or  to  levy  any  tax  to  pay  any  indebtedness  of  such 
city  or  town  which  has  been  held  to  be  illegal  by  any  court 
of  competent  jurisdiction,  or  shall  this  act  be  construed  to 
have  the  efifect  of  liquidating  any  illegal  debt  of,  or  any 
bonds  illegallv  issued  by  such  city  or  town. 

150  Sec.  3.  The  interest  coupons  attached  to  any 
bonds  issued  by  authority  of  this  act  may,  by  order  of  the 
Common  Council  or  Board  of  Trustees,  when  due,  be  made 
receivable  for  taxes  levied  or  assessed  in  any  such  city  or 
town,  or  other  municipal  corporation  for  the  payment  of 
such  interest,  and  when  so  ordered  and  so  expressed  upon 
the  face  of  the  coupons,  they  shall  be  receivable  in  payment 
for  any  taxes  thereof  levied  or  assessed  in  the  city,  town 
or  other  municipal  corporation  issuing  the  same  for  the 
payment  of  said  interest. 

(February  24,  1893.) 

151  Sec.  I.  That  cities  and  towns  in  this  State, 
being  or  becoming  indebted  to  an  amount  beyond  the  ability 
of  the  current  levies  of  taxes  to  meet  are  hereby  authorized 
for  the  purpose  of  funding  such  indebtedness,  or  any  part 
thereof,  to  issue  its  bonds  with  interest  coupons  attached, 
for  an  amount  not  exceeding  in  the  aggregate  the  whole 
amount  of  the  indebtedness  of  such  city  or  town,  deducting 
current  levies,  and  to  sell  the  same  with  which  to  raise 
money  to  pay  off  such  indebtedness,  which  bonds  may  be 
in  denominations  not  less  than  fifty  dollars  ($50)  nor  more 
than  one  thousand  dollars  ($1,000),  and  shall  be  payable 
at  any  place  in  equal  installments,  not  exceeding  in  all  the 
period  of  fifteen  (15)  years,  and  shall  bear  any  rate  of 
interest  not  exceeding  six  (6)  per  cent,  per  annum,  payable 
semi-annually,  and  may  be  negotiated  at  any  market  or 
place  at  not  less  than  par.  The  amount  of  such  bonds  in  no 
event  to  exceed  the  constitutional  limit  of  indebtedness. 


ACTS. 


189 


(February  24,  1893.) 

152  Sec.  2.  The  Common  Council  of  such  city,  or 
the  Board  of  Trustees  of  such  town,  shall  add  to  the  tax 
duplicate  thereof  annually  a levy  sufficient  to  pay  the  yearly 
interest  on  said  bonds,  and  to  provide  a fund  for  the  liquida- 
tion of  the  principal  thereof  as  they  become  due,  and  it  shall 
be  unlawful  for  the  Common  Council  or  the  Board  of 
Trustees  to  apply  the  funds  arising  from  such  levy  to  any 
other  purpose. 

153  Sec.  5.  All  notices  now  required  by  law  to  be 
given  by  the  Trustees  of  any  incorporated  town  or  city,  may 
hereafter  be  given  by  written  notices,  to  be  posted  up  in 
three  of  the  most  public  places  within  such  incorporated 
town  or  city. 


AN  ACT  concerning  pensions  for  disabled  or  retired  drenien 
and  dependents  of  deeeased  firemen,  providing  for  pen- 
sioning the  widozvs  and  orphans  of  deeeased  fremen; 
providing  for  pensioning  the  dependent  wives  and 
children  of  retired  or  disabled  fremen;  providing  for 
pensioning  dependent  fathers  and  mothers  and  de- 
pendent brothers  and  sisters  of  disabled  or  retired  fre- 
men; proznding  for  a fund  out  of  zvhich  sueh  pensions 
shall  be  paid;  providing  for  a Board  of  Trustees  for 
the  management  and  distribution  of  sueh  fund:  pro- 
viding and  prescribing  regulations  relative  to  the  mode 
of  obtaining,  preserving,  using  and  disbursing  sueh 
fund : declaring  to  zvhat  cities  and  fre  departments  this 
act  shall  apply ; repealing  former  acts  and  declaring  an 
emergency. 


(Approved  February  23,  1895.) 

154  Sec.  I.  Be  it  enaeted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  in  every  city  in  the  State  of 
Indiana,  maintaining  a regularly  organized  and  paid  fire 
department,  there  is  hereby  created  a ^‘Board  of  Trustees  of 
the  Firemen's  Pension  Fund,”  to  be  composed  of  the  persons 
hereinafter  named  and  to  be  selected  as  hereinafter  directed ; 


Taxes  to  pay 
interesi  and 
principal. 


Notices. 


‘‘Board  of 
T rustees 
Firemen’s 
Pension 
Fund”  cre- 
ated. 


190 


LAWvS  AND  ORDINANCES. 


Limited  to 
cities  of 
30,000  popu- 
lation. 


May  apply  to 
other  cities. 


Number  of 
Trustees. 

Mayor  and 
Chief  Fire 
Engineer 
members  of 
Board. 


Board,  how 
constituted. 


Powers  and 
duties. 


and  in  all  such  cities  there  is  hereby  created  a Firemen’s 
I’ension  Fund,  to  be  derived  and  received  from  the  sources 
and  in  the  manner  hereinafter  provided.  The  said  fund  to 
l)e  managed,  used  and  disbursed  according  to  the  provisions 
of  this  act,  and  in  conformity  to  the  by-laws  of  the  Board 
of  Trustees  adopted  in  compliance  herewith:  Provided, 

That  the  provisions  of  this  act  shall  apply  to  all  cities  of 
this  State  containing  a population  of  not  less  than  thirty 
thousand  (30,000),  according  to  the  United  States  census 
of  1890,  and  maintaining  a regularly  organized  and  paid  fire 
department,  and  that  in  all  such  cities  a Board  of  Trustees 
of  the  Firemen’s  Pension  Fund  is  hereby  established,  and 
that  this  act  shall  apply  to  all  other  cities  of  this  State 
which  maintain  a regularly  organized  and  paid  fire  depart- 
ment in  case  the  Common  Council  of  any  such  city  shall 
elect  to  establish  a Board  of  Trustees  of  the  Firemen’s 
Pension  Fund,  and  if  any  such  city  elects  to  establish  such 
Board,  its  Common  Council  shall  adopt  an  ordinance  or 
resolution  establishing  such  Board,  and  upon  the  adoption 
of  such  ordinance  or  resolution  this  act  shall  apply  to  and 
govern  such  city. 

155  Sec.  2.  The  “Board  of  Trustees  of  the  Fire- 
men’s Pension  Fund”  shall  be  composed  of  six  members, 
two  of  whom  shall  be  the  Mayor  and  Chief  Fire  Engineer 
or  Chief  of  the  Fire  Force,  who  shall  be,  by  virtue  of  their 
respective  offices,  members  of  such  Board.  Their  member- 
ship of  such  Board  shall  continue  while  in  office,  and  if, 
in  case  of  death,  resignation  or  removal,  or  by  expiration 
of  their  respective  official  terms  as  Mayor  and  Chief  Fire 
Engineer  or  Chief  of  the  Fire  Force,  successors  shall  be 
elected  or  appointed,  then  such  successors  shall  be  ex-officio 
members  of  said  Board.  The  other  members  of  the  said 
Board  of  Trustees  shall  be  elected  from  the  members  of 
the  fire  department  for  the  terms  and  in  the  manner  here- 
inafter specified  and  provided.  The  said  Board  of  Trustees 
shall  have  the  management  and  control  of  the  said  Firemen’s 
Pension  Fund  and  of  all  matters  therewith  legitimately  con- 
nected, and  shall  manage,  use  and  disburse  said  fund  for 
the  purpose  hereinafter  provided.  The  said  Board  of 


ACTS. 


191 


Trustees  shall  have  power  to  adopt  and  enforce  such  by-laws 
as  mav  be  necessary  to  enable  the  said  Board  to  effectively 
and  properly  carry  into  execution  the  purpose  for  which  it 
was  organized  and  to  enable  it  to  properly  manage  and  con- 
duct the  business  and  affairs  entrusted  to  it:  Provided, 

That  such  by-laws  shall  not  in  anywise  contravene  the 
provisions  of  this  act,  but  shall  be  in  conformity  thereto. 
Each  of  said  Trustees  shall,  before  entering  upon  the  duties 
of  his  office,  take  an  oath  to  faithfully,  honestly  and  justly 
perform  the  duties  thereof.  The  said  Board  of  Trustees 
shall  be  a body  having  a continuous  succession,  subject  only 
to  the  right  to  modify  or  repeal,  which  is  hereby  reserved. 

156  Sec.  3.  Each  organization  or  body  of  men  doing 
•duty  as  part  of  the  Fire  Department,  whether  in  the  tele- 
phone or  telegraph  service,  or  as  watchman  for  fires  in  a 
tower  or  other  place,  shall  be  deemed  a Fire  Company  within 
the  meaning  of  this  act,  and  whenever  the  term  “Fire  Com- 
pany” or  the  term  “Fire  Companies”  is  used  herein,  it  shall 
be  construed  as  meaning  and  including  such  organizations 
as  those  above  mentioned,  as  well  as  companies  having 
charge  or  engines,  hose  reels,  or  other  apparatus  for  ex- 
tinguishing fires. 

157  Sec.  4.  The  four  members  of  the  Board  of 
Trustees  of  the  Firemen’s  Pension  Fund,  selected  from  the 
members  of  the  Fire  Department,  shall  be  chosen  as  follows : 
Within  ten  days  after  this  act  takes  effect  the  Chief 
Fire  Engineer  or  Chief  of  the  Fire  Force  shall  designate  a 
day  for  holding  the  first  election  under  the  provisions  of 
this  act,  and  such  officer,  within  the  period  aforesaid,  shall 
fix  a time  for  holding  a convention  to  nominate  Trustees 
for  election,  and  the  time  for  holding  such  convention  shall 
be  fixed  five  days  earlier  than  the  time  for  holding 
such  first  election.  Such  convention  shall  consist  of  one 
delegate  from  each  fire  company  in  said  city,  and  a delegate 
to  be  selected  by  the  Chief  Fire  Engineer  or  Chief  of  the 
Fire  Force,  and  his  assistant,  or,  if  there  be  more  than  one 
assistant,  then  by  such  Chief  and  his  assistants,  acting 
jointly.  The  delegate  from  each  fire  company  shall  be 
■elected  by  ballot  by  the  members  of  such  company  at  the 


Oath. 


Continuous 

succession. 

“Fire  Com- 
pany” de- 
fined. 


Selection  of 
T rustees. 


Nominating 

convention. 


Delegates  to 
convention. 


192 


LAWS  AND  ORDINANCES. 


Reporting 
nominees. 
Election  of 
T rustees. 


Terms  of  first 
T rustees. 


Canvassing 
th^  vote. 


Certifying  the 
vote. 


time  fixed  by  such  Chief  Fire  Engineer  or  Chief  of  the  Fire 
Force,  in  the  call  for  such  convention.  The  election  of  such 
delegate  shall  be  certified  by  the  captain  or  other  officer  of 
such  fire  company,  or,  if  there  be  no  other  officer  in  command 
of  such  company,  then  by  the  oldest  member  thereof  present 
at  such  convention.  Such  convention  when  convened  shall 
nominate  six  members  of  the  Fire  Department  to  be 
voted  for  as  such  Trustees,  and  the  names  of  the  persons 
so  nominated  as  candidates  shall  by  the  delegates  to  such 
convention  be  reported  in  writing  to  their  respective  com- 
panies. The  said  election  shall  be  held  at  the  respective 
houses  or  quarters  of  the  respective  companies  on  the  day 
named  by  the  Chief  Fire  Engineer  or  Chief  of  the  Fire 
Force,  between  the  hours  of  nine  o’clock  A.  m.,  and  six 
o’clock  p.  M.  Every  member  of  such  Eire  Company 
shall  be  entitled  to  one  ballot,  and  no  ballot  shall  contain 
the  names  of  more  than  four  persons,  and  the  persons  whose 
names  are  placed  on  said  ballots  shall  be  chosen  from  the 
six  persons  nominated  by  the  convention.  The  candi- 
date receiving  the  highest  number  of  votes  shall  hold  the 
office  of  Trustee  for  four  years,  the  candidate  receiving 
the  next  highest  number  of  votes  shall  hold  office  for  three 
years,  the  candidate  receiving  the  next  highest  number  of 
votes  shall  hold  office  for  two  years,  and  the  candidate 
receiving  the  next  highest  number  of  votes  shall  hold  office 
for  one  year,  provided  that  the  terms  of  office  of  the 
persons  elected  at  such  first  election  shall  run  from  the 
first  Tuesday  of  January,  1895.  The  captain  or  other  officer 
in  command  of  said  Eire  Companies  on  the  day  of  and  im- 
mediately after  the  casting  of  such  ballots  shall  canvass 
and  count  the  same,  and  certify  in  writing  the  number  of 
ballots  cast  and  the  number  of  votes  received  by  each  candi- 
date for  the  office  of  such  Trustees.  After  signing  such 
certificate  said  officer  shall  enclose  the  same  together  with 
all  the  ballots  cast  by  said  Fire  Company  in  an  envelope, 
securely  sealed  and  addressed,  and  deliver  the  same  to  the 
Cliief  Fire  Engineer  or  Chief  of  the  Fire  Force  of  said 
city,  who  shall  deliver  the  same  to  the  iNIayor  of  the  city 
as  soon  as  all  such  certificates  and  ballots  have  been  received 


ACTS. 


193 


by  him.  The  Mayor,  upon  the  receipt  thereof,  shall,  in  tlie 
presence  of  said  Chief  Fire  Engineer  or  Chief  of  the  Fire 
Force  and  the  City  Clerk,  open  said  envelopes,  examine 
said  certificates,  and  ascertain  and  determine  the  total  num- 
ber of  the  votes  so  cast  at  said  election  for  each  of  such 
candidates  for  the  office  of  Trustee,  and  shall  issue  cer- 
tificates of  their  election  as  such  Trustees  to  the  four  candi- 
dates having  received  the  highest  number  of  votes.  In 
case  any  two  or  more  candidates  shall  have  received  the 
same  number  of  votes,  so  that  there  would  be  no  choice 
under  the  foregoing  provision,  then  such  Mayor  and  Chief 
Fire  Engineer  or  Chief  of  the  Fire  Force  shall  forthwith 
by  lot  determine  from  the  persons  so  receiving  such  equal 
number  of  votes  who  shall  be  Trustees.  No  election  shall 
be  set  aside  for  want  of  formality  in  balloting  by  such  mem- 
bers, or  certifying  or  transmitting  returns  of  any  such 
election  by  the  officers  in  charge. 

158  Sec.  5.  The  regular  elections  shall  be  held  on 

the  first  Tuesday  of  January  in  each  year,  beginning  with 
January,  1896.  At  each  regular  election  one  Trustee  shall 
be  elected  for  a term  of  four  years.  The  provisions 
of  the  preceding  section  as  to  the  mode  of  calling  the  con- 
vention, selecting  the  delegates,  conducting  the  election,  the 
preparation  of  ballots  and  all  other  like  matters,  as  well 
as  to  the  certificates  of  election,  the  decision  in  case  of  a 
tie  and  all  matters  of  like  nature,  shall  govern  the  holding 
and  conducting  of  regular  elections : Provided,  That  only 

one  Trustee  shall  be  elected  at  each  regular  election. 

1 59  Sec.  6.  The  Chief  Fire  Engineer  or  Chief  of 

the  Fire  Force  shall  be  President  of  the  Iffiard  of  Trustees 
of  the  Firemen’s  Pension  Fund.  At  the  first  meeting  after 
each  election  such  Board  of  Trustees  shall  elect  a Secretary, 
who  may  be  chosen  from  one  of  their  own  numl)er:  Pro- 

vided, That  if  the  Board  deem  proper,  a Secretary,  who 
shall  be  a member  of  the  Fire  Department,  may  be  elected 
by  the  companies  to  serve  for  a term  of  four  years.  It 
shall  be  the  duty  of  the  Secretary  to  keep,  in  a book  provided 
for  that  purpose,  a full  record  of  all  the  proceedings  of 
said  Board  of  Trustees ; and  the  Board  shall  make  all  needful 


Mayor  issues 
certificates  of 
election. 

Tie  vote. 


Election  day. 


Term  of  Trus- 
tee. 


President  of 
Board. 


Secretary. 


Term. 

Duties  of  Sec- 
retary. 


194 


LAWS  AND  ORDINANCES. 


Rules. 


Pension  Fund. 


Gifts  and  be- 
quests. 


Fees  and  re- 
wards. 


Percentage  of 
salary  of  fire- 
men. 


Deduction  by 
Treasurer 
from  salary. 


rules  and  regulations  for  its  government  in  the  discharge 
of  its  duty,  and  shall  hear  and  determine  all  applications  for 
relief  or  pensions  under  this  act. 

160  Sec.  7.  Such  Pension  Fund  shall  consist: 

h^irst — Of  all  such  moneys  as  may  be  given  to  said 
Hoard  or  Fund  by  any  person  or  persons  for  the  uses  and 
])urposes  for  which  said  fund  is  created.  And  such  Board 
of  Trustees  may  take  by  gift,  grant,  devise  or  bequest,  any 
money,  personal  property,  real  estate  or  any  interest  therein, 
or  any  right  of  property ; and  any  such  gift,  grant,  devise  or 
bequest,  may  be  absolute  or  in  fee  simple,  or  upon  the  con- 
dition that  only  the  rents,  income  or  profit  arising  therefrom 
shall  be  applied  to  the  purposes  for  which  such  fund  is 
established. 

Second — Of  all  moneys,  fees,  rewards  or  emoluments 
in  money  of  every  nature  and  description  which  may  be 
paid  or  given  to  the  Fire  Department  or  any  of  the  companies 
of  such  Department. 

Third — Every  member  of  said  Fire  Department  shall  be 
assessed  a portion  of  his  salary,  and  such  assessment  shall 
not  be  less  than  one-half  of  one  (i)  per  centum  or  more 
than  one  ( i ) per  centum  of  his  compensation,  and  all  such 
assessments  shall  be  applied  to  the  Pension  Fund  : Provided, 
however.  That  in  no  case  shall  the  assessment  of  any  one 
person  exceed  fifteen  dollars  ($15)  per  annum.  The  Board 
of  Trustees  shall  have  discretionary  power  to  fix  the  rate 
of  assessments  within  the  limits  herein  described.  The 
Secretary  of  the  Fire  Department  or  the  person  whose  duty 
it  may  be  to  make  out  pay-rolls,  shall  place  opposite  the 
name  of  every  member  of  the  Fire  Department,  on  the  pay- 
roll, the  amount  of  assessment  on  each  individual’s  salary, 
and  the  City  Treasurer,  or  the  County  Treasurer  acting  as 
City  Treasurer,  shall,  monthly,  deduct  from  the  salary  of 
every  member  of  the  said  Fire  Department  the  sum  set 
opposite  his  name,  and  shall  place  the  same  to  the  credit 
of  the  Firemen’s  Pension  Fund.  Every  person  who  becomes 
a member  of  the  Fire  Department  shall  be  liable  to  the 
aforesaid  assessment,  and  in  becoming  a member  thereof  he 
shall  be  conclusively  deemed  to  undertake  and  agree  to  pay 


ACTS. 


195 


the  same  and  to  have  it  deducted  from  his  compensation 
as  herein  provided. 

Fourth — A Slim  equal  to  one-tenth  of  one  mill,  of  each 
dollar,  of  the  value  of  all  the  taxable  property  annually 
assessed  in  any  such  city,  as  the  same  appears  on  the  yearly 
tax  duplicate  thereof,  which  sum  shall  be  set  apart  and 
made  part  of  such  Firemen’s  Pension  Fund  by  the  City 
Treasurer  or  County  Treasurer  acting  ex-officio  as  City 
Treasurer;  Provided,  That  the  said  sum  shall  not  be  used 
for  or  devoted  to  any  purpose  other  than  that  herein 
specified. 

161  Sec.  8.  The  Board  of  Trustees  of  the  Fire- 
men’s Pension  Fund  may,  at  any  time,  after  considering 
the  probable  demands  upon  said  fund,  in  the  near  future, 
determine  what  portion  of  such  funds  may  be  safely  drawn 
therefrom  for  investment  for  revenue  purposes ; and  having 
determined  what  portion  thereof  shall  be  so  withdrawn  for 
that  purpose,  shall  enter  their  proceedings  at  length  upon 
their  record,  and  shall  cause  a warrant  to  be  drawn  for 
such  amount  payable  to  the  order  of  its  President,  which 
warrant  shall  upon  its  face  show  that  such  amount  is  drawn 
for  investment  for  revenue  purposes.  And,  thereupon,  such 
Board  of  Trustees  shall  determine  in  what  manner  it  shall 
be  invested  ; which  may  be  by  the  purchase  of  any  of  the 
interest-bearing  bonds  of  the  United  States,  or  of  the  State 
of  Indiana,  or  of  any  bonds  lawfully  issued  by  any  county, 
city  or  township,  incorporated  village  or  other  municipal 
corporation  of  this  state,  or  without  this  State,  when  there 
is  adequate  legislative  authority  for  the  issuance  thereof. 
The  President  shall,  thereupon,  draw  said  moneys  from 
the  City  Treasurer,  or  the  County  Treasurer  acting  as  City 
Treasurer,  upon  such  warrant  and  invest  the  same  as  directed 
by  said  Board  in  the  name  of  ’’The  Board  of  Trustees  of 
the  Firemen’s  Pension  Fund,”  of  such  city.  The  President 
shall  deposit  all  securities  with  the  City  Treasurer,  or  County 
Treasurer  acting  as  City  Treasurer,  who  shall  collect  all 
interest  due  thereon  and  place  the  same  in  the  said  Pension 
Fund.  The  Treasurer  shall  keep  a separate  account  of  said 
fund,  and  therein  fully  and  accurately  set  forth  all  money 


Tax  on  all  city 
property. 


Investing 
funds  for  rev- 
enue. 


Bond  invest- 
vestment. 


Drawing 
money  from 
Treasurer  for 
investment. 


196 


LAWS  AND  ORDINANCES. 


Report  of 
T reasurer. 


Bond  of  Pres- 
ident. 


Report  of 
Board. 


Disabled  fire- 
men may  be 
retired  and 
pensioned. 


Widow  and 
children  of 
firemen. 


Father,  and 
mother  may 
be  pensioned. 


received  and  paid  out  by  him,  and  he  shall  make  report  to 
the  Board  of  Trustees  of  the  Firemen’s  Pension  Fund  of 
all  moneys  received  and  distributed  by  him  on  the  first 
Monday  of  January  and  June  of  each  year.  And  the 
President  of  said  Board  shall  execute  his  bond  in  such  sum 
as  the  Board  may  deem  adequate,  conditioned  that  he  will 
faithfully  discharge  the  duties  of  his  office  and  faithfully 
account  for  and  pay  over  to  the  persons  authorized  to  receive 
the  same,  all  moneys  which  may  come  into  his  hands  by 
virtue  of  his  office,  with  sureties  to  the  approval  of  such 
Board  of  Trustees  of  the  Firemen’s  Pension  Fund,  which 
liond  shall  be  filed  with  the  Mayor  of  said  city,  and  be  pre- 
served by  him.  The  Board  of  Trustees  of  the  Firemen’s 
Pension  Fund  shall  make  a full  and  accurate  report  of  the 
condition  of  said  Pension  Fund  to  the  Common  Council  of 
such  city  on  the  first  day  of  January  in  each  year. 

162  Sec.  9.  If  any  member  of  the  said  Fire  Depart- 
ment of  such  city  shall,  while  in  the  performance  of  his 
duty,  become,  or  be  found,  upon  examination  by  a medical 
officer  ordered  by  the  director,  person  or  persons  having- 
charge  or  control  of  the  Fire  Department  in  such  city,  to 
be  physically  or  mentally  permanently  disabled,  so  as  to 
render  necessary  his  retirement  from  all  service  in  the  said 
Fire  Department,  such  director,  person  or  persons  having 
charge  of  said  fire  service  shall  retire  such  permanently 
disabled  person  from  all  service  in  said  Fire  Department, 
and  the  Board  of  Trustees  of  the  Firemen’s  Pension  Fund 
shall  authorize  the  payment  to  such  permanently  disabled 
person  monthly,  from  the  Pension  Fund,  the  sum  provided 
in  Section  1 1 of  this  act.  When  any  member  of  said 
Fire  Department,  or  retired  member  on  the  Pension 
Fund  thereof,  dies,  from  any  cause  whatever,  and  leaves 
a widow  or  a child  or  children  under  sixteen  years  of  age. 
the  Board  of  Trustees  shall  authorize  the  payment  to  such 
w idow  while  unmarried,  and  child  or  children  under  sixteen 
}’ears  of  age,  monthly,  from  the  Pension  Fund,  the  sum  or 
sums  provided  in  Section  ii  of  this  act;  or  if  any  deceased 
member  shall  have  a dependent  mother  or  father,  upon  satis- 
factory proof  that  such  mother  or  father  was  dependent  upon 


ACTS. 


197 


said  deceased  member  of  the  Fire  Department,  the  Board  of 
Trustees  shall  authorize  the  payment  to  such  mother  or 
father,  monthly,  from  the  Pension  Fund,  the  sum  provided 
in  Section  1 1 of  this  act : Provided,  however.  That 
no  pension  shall  he  paid  to  the  mother  or  father  of  a 
deceased  memher  who  leaves  a dependent  widow ; and  if  the 
widow  of  any  deceased  memher  shall  re-marry,  her  pension 
shall  cease:  Provided,  further.  That  if  there  be  no  widow, 

no  child  or  children,  and  no  father  or  mother,  but  dependent 
brothers  and  sisters,  then  such  pension  shall  be  paid  to  them. 

163  Sec.io.  That  if  at  any  time  there  should  not 
be  sufficient  money  or  bonds  to  the  credit  of  the  said  Pension 
Fund  to  pay  each  person  entitled  to  the  benefit  thereof  the 
full  amount  per  month  as  hereinbefore  stated,  then  and  in 
that  event  an  equal  percentage  of  said  monthly  payments 
shall  be  made  to  each  beneficiary  thereof,  until  said  fund  is 
so  replenished  as  to  warrant  payment  in  full  to  each  of  said 
beneficiaries. 

164  Sec.  II.  The  sums  to  be  paid  to  permanently 
disabled  members  and  the  widows  and  orphans,  or  dependent 
mothers  or  fathers,  or  brothers  or  sisters  of  deceased  mem- 
bers, shall  be  as  follows : Upon  retirement  with  such  dis- 
ability during  service  he  shall  receive  not  less  than  twenty- 
five  dollars  ($25)  nor  more  than  fifty  dollars  ($50) 
per  month,  and  in  the  event  of  his  decease  while  in  such 
service  of  the  Fire  Department,  or  after  such  retirement, 
the  widow  shall  receive  not  less  than  twenty  dollars  ($20) 
nor  more  than  twenty-five  dollars  ($25)  per  month,  and 
their  children  under  sixteen  years  of  age  not  more  than 
eight  ($8)  nor  less  than  six  dollars  ($6)  per  month,  which 
sum  so  paid  for  the  benefit  of  said  children  shall  be  paid 
to  the  mother  if  alive,  so  long  as  such  children  shall  reside 
with  and  be  supported  by  her  Any  member  of  such  paid 
Fire  Department  who  has  been  in  the  service  of  said  paid 
Fire  Department  t\vent\-five  years,  upon  making  written 
application  to  the  director  or  person  or  persons  having 
charge  of  the  hie  sei'^it'e.  at  his  own  option,  mav  without 
medical  examination  or  disability,  be  retired  from  all  ser- 
vices in  said  hire  De])artment ; and  upon  such  retirement 


Widow, 
re-marrying. 
Brothers  and 
sisters  may 
be  pensioned. 
Pensions, 
when  prorated. 


Pensions,  rate 
of. 


Disabled  fire- 
men. 


Widow  and 
children. 


25  years’  ser- 
vice. 


Retirement. 


198 


LAWS  AND  ORDINANCES. 


Rate. 

Dependents  of 
retired  mem- 
bers. 


Father, 
mother, 
brothers  and 
sisters,  rate. 

Discharged 
firemen  may 
be  pensioned. 


Also  their  de- 
pendents. 


Pensions  un- 
der former 
laws  con- 
tinued. 


Retired  mem- 
bers may  be 
examined. 


the  Board  of  Trustees  of  the  Firemen’s  Pension  Fund  shall 
authorize  the  payment  to  such  retired  member,  monthly 
from  the  Pension  Fund,  the  sum  of  not  less  than  twenty 
dollars  ($20)  per  month,  nor  more  than  forty  dollars  ($40) 
per  month.  The  pension  of  the  dependents  of  such  retired 
members  shall  be  the  same  in  case  of  death  after  retirement 
as  provided  for  dependents  of  those  who  die  in  the  service, 
or  after  retirement  with  disability,  but  the  member  so  retired 
without  special  disability,  shall  always  receive  the  same 
amount  of  pension  as  when  he  retired.  The  pension  of 
the  dependent  father  or  mother,  or  brother  or  sister  of  a 
deceased  member  who  dies  in  the  service  of  the  Fire  De- 
partment, or  after  retirement,  whether  voluntary  or  with 
disability,  shall  be  the  same  as  that  provided  for  the  widows 
of  such  members.  Any  member  who  may  be  discharged 
from  the  Fire  Department  after  having  served  not  less  than 
twenty  years,  he  shall  receive  not  less  than  fifteen  dollars 
($15)  nor  more  than  thirty  dollars  ($30)  per  month: 
Provided,  Such  discharge  is  for  any  other  ofifense  than  a 
criminal  act ; and  in  the  event  of  death  of  such  member 
after  retirement,  if  he  leaves  a widow  or  dependents,  they 
shall  receive  the  amount  provided  for  the  dependents  of 
those  who  have  died  in  the  service  of  the  Fire  Department. 
In  no  case  shall  the  Board  of  Trustees  depart  from  the 
provisions  of  this  section  in  authorizing  the  payment  of 
such  pensions. 

165  Sec.  12.  This  act  shall  apply  to  all  persons  re- 
ceiving pensions  from  the  Firemen’s  Pension  Fund  of  such 
cities  who  have  been  placed  on  such  pension  roll  under  any 
former  law  or  laws.  exce]it  widows  or  children  of  deceased 
members  of  such  Fire  Department,  who  shall  receive  the 
same  as  they  were  receiving  at  the  time  of  the  passage  of 
this  act;  and  in  any  a])plication  for  pension  now  pending 
l)efore  the  Board  of  I'rustees,  the  Board  herein  created  may, 
in  its  discretion,  place  such  dependents  in  the  class  of  pen- 
sioners as  provided  in  Sections  9 and  1 1 of  this  act. 

166  vSec.  13.  After  any  member  of  such  Fire  De- 
partment shall  have  been  retired  upon  pension  by  reason  of 
disability,  the  Board  of  Trustees  shall  have  the  right,  at 


ACTS. 


199 


any  time,  to  cause  such  retired  member  again  to  be  brought 
before  it  and  again  examined  by  competent  physicians  and 
surgeons,  and  also  to  examine  other  witnesses  for  the  pur- 
pose of  discovering  whether  such  disability  yet  continues, 
and  whether  such  retired  member  should  not  be  continued  on 
the  pension  roll ; but  he  shall  remain  on  the  pension  roll 
until  reinstated  in  the  service  of  the  Fire  Department.  Such 
retired  member  shall  be  entitled  to  notice,  and  to  be  present 
at  the  hearing  of  any  such  evidence,  shall  be  permitted  to 
propound  any  questions  pertinent  or  relevant  to  such  matter, 
and  shall  also  have  the  right  to  introduce  evidence  upon 
his  own  behalf.  All  witnesses  so  produced  shall  be  ex- 
amined under  oath,  and  any  member  of  such  Board  of 
Trustees  is  hereby  authorized  and  empowered  to  administer 
such  oath  to  such  witnesses.  The  decision  of  such  Board 
shall  be  final  and  conclusive,  and  no  appeal  shall  be  allowed 
therefrom,  nor  shall  the  same  be  received  by  any  court  or 
other  authority. 

167  Sec.  14.  The  payment  of  all  pensions  shall  be 
made  by  warrants  drawn  1)y  the  order  of  said  Board  of 
Trustees,  signed  by  the  President  and  countersigned  by  the 
Secretary. 

168  Sec.  15.  No  portion  of  such  Pension  Fund 
shall,  either  before  or  after  any  order  for  the  distribution 
thereof  to  members  of  said  Fire  Department,  or  to  the 
widows  or  guardians  of  any  such  child  or  children,  or  to 
the  dependent  father  or  mother,  or  brother  or  sister  of  any 
such  deceased,  disabled  or  retired  member  of  such  depart- 
ment, be  held,  seized,  taken,  subjected  to,  detained,  levied 
on  by  virtue  of  any  attachment,  execution,  judgment,  writ, 
interlocutory  or  other  order,  decree  or  process,  or  proceed- 
ings of  anv  nature  whatever  issued  out  of  or  by  any  court 
in  thi^  or  any  other  State  for  the  payment  or  satisfaction, 
in  whole  or  in  part,  of  anv  debt,  damages,  claim,  demand, 
judgment,  fine  or  amercemont  of  such  member  or  his  widow 
or  children,  or  of  the  dependent  mother  or  father  of  any 
deeeaser^  member;  but  the  said  fund  shall  be  sacredly  kept, 
seemed,  promoted,  and  distributed  for  the  purpose  of  pen- 
sioning the  persons  named  in  this  act,  and  for  no  other 


Notice  to  re- 
tired firemen. 


Hearing. 


Payment. 


Pension 
money  not 
subject  to  ex- 
ecution. 


19 


200 


LAWS  AND  ORDINANCES. 


Custodian  of 
fund. 


Separate  ac- 
count re- 
quired. 

Repealing  act 
of  1899. 


Saving  clause. 


purpose  whatever : Provided,  The  said  Board  may  annually 

expend  such  sum  as  they  may  deem  proper  from  such  fund 
for  the  necessary  expenses  connected  therewith. 

169  Sec.  i6.  The  City . Treasurer,  and  in  those 
counties  where  the  County  Treasurer  is  ex-ofhcio  City 
Treasurer,  such  County  Treasurer,  is  hereby  made  the 
custodian  of  all  the  moneys  belonging  to  such  Firemen’s 
Pension  Fund,  and  all  moneys  belonging  thereto,  shall  be 
promptly  paid  to  him.  He  shall  be  liable  on  his  bond  as 
such  for  the  faithful  performance  of  all  the  duties  imposed 
upon  him  by  this  act,  and  for  the  faithful  accounting  for 
all  moneys  and  securities  which  may  come  into  his  hands 
belonging  thereto,  and  he  shall  keep  a separate  account 
thereof,  which  shall  at  all  times  show  the  true  condition  of 
such  fund. 

170  Sec.  17.  All  acts  and  parts  of  acts  in  conflict 

herewith  are  hereby  repealed : Provided,  That  organiza- 

tions formed  under  the  act  of  March  9,  1891,  entitled  “An 
act  to  create  a Firemen’s  Pension  Fund  for  the  pensioning 
of  disabled  firemen,  and  the  widows  and  the  dependent 
children,  mothers  and  fathers  of  deceased  firemen,  to  create 
a Board  of  Trustees  of  such  fund,  to  authorize  the  retire- 
ment from  service  of  disabled  members,  and  of  all  members 
after  a service  of  twenty-five  (25)  years  and  pensioning  of 
such  members,  and  for  other  purposes  in  connection  here- 
with, in  cities  in  this  State  having  paid  Fire  Departments, 
and  declaring  an  emergency,”  shall  come  under  and  be  re- 
organized under  the  provisions  of  this  act,  and  funds  raised 
under  such  act,  and  in  the  hands  of  trustees  chosen  there- 
under, shall,  upon  the  selection  of  Trustees  under  this  act,  be 
transferred  to  the  control  and  management  of  such  Trustees. 

171  Sec.  18.  An  emergency  exists  for  the  imme- 
diate taking  efifect  of  this  act  and  it  shall  be  in  force  from 
and  after  its  passage. 


ACTS. 


201 


AN  ACT  concerning  the  punishment  of  zvomen  and  girls 
convicted  of  crimes,  misdemeanors  or  violations  of  any 
city  ordinances. 

(Approved  March  11,  1867.) 

172  Sec.  I.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  When  any  city,  or  private  cor- 
porators, or  other  persons,  shall  have  established  in  this 
State  a Home  for  Friendless  Women  upon  principles  of 
protection  and  reformation  of  abandoned  or  erring  women, 
which,  in  the  opinion  of  the  Board  of  County  Commissioners 
of  the  county  in  which  such  Home  is  situated,  duly  recorded, 
after  examination,  is  in  a condition  to  provide  for  and  re- 
strain of  liberty  any  one  committed  to  their  charge,  on 
conviction  of  any  woman  or  girl  of  any  crime  or  misde- 
meanor or  violation  of  any  city  ordinance,  in  any  of  the 
superior  or  inferior  Courts  of  the  State  or  of  any  city 
therein,  the  punishment  whereof  shall  be  imprisonment  at 
hard  labor  or  otherwise,  the  Court  may,  in  its  discretion, 
and  with  the  consent  of  the  Trustees  or  acting  authorities 
of  such  Home  for  Friendless  Women,  and  with  a view  to 
reformation  as  well  as  punishment,  order  the  imprisonment 
to  be  made  and  done  in  such  Home  for  Friendless  Women; 
and  such  imprisonment  shall  be  held  as  legal  and  rightful, 
or  as  if  made  in  any  State  prison  or  in  anv  county  or  city 
jail  in  the  State.  The  Mayor  or  City  Judge  of  any  incor- 
porated citv  mav  sentence  and  commit  such  persons,  on 
conviction,  to  such  Home,  for  the  same  period  of  time  that 
a Circuit  Court  could  do  for  a like  offense. 

173  Sec.  2.  The  trustees,  managers,  or  other 
authorities  of  such  Home  for  Friendless  Women,  shall,  in 
all  things,  be  governed  by  the  laws  of  the  State  in  making 
such  imprisonment  at  hard  labor,  solitary  confinement,  or 
otherwise,  as  shall  be  adjudged  by  the  Court  on  any  such 
conviction  or  convictions. 

174  Sec.  3.  Any  such  Home  for  Friendless  Women 
shall,  at  all  reasonable  hours,  be  open  for  the  inspection  of 
any  such  Court,  or  any  grand  jury,  the  Governor,  any  State 
officer,  any  committee  of  the  General  Assembly  of  the  State, 
the  Council  of  any  city,  or  the  Board  of  Commissioners  of 
the  county  in  which  it  is  situate. 


Home  for 
Friendless 
Women. 


When  convicts 
may  be  im- 
prisoned, in. 


Duties  of 
Trustees  as 
to  convicts. 


Open  for  in- 
spection. 


202 


LAWS  AND  OKDINANCES. 


Home  for 
Friendless 
Women. 


Certain  fines, 
to  whom  paid 


Fines  paid  to 
Home  for 
Friendless 
Women, 
when. 


Certain  for- 
feitures, to 
whom  paid. 


AN  ACT  concerning  the  application  of  certain  tines,  pen- 
alties and  forfeitures,  collected  in  the  enforcement  of 
certain  city  ordinances  in  cities  having  therein  incor- 
porated Homes  for  Friendless  Women. 

175  Sec.  I.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  in  all  corporated  cities  of  this 
State  where  there  is  now  or  shall  hereafter  be  established 
an  incorporated  Home  for  Friendless  Women,  incorporated 
under  the  laws  of  the  State,  all  fines  and  penalties  assessed 
and  collected  by  the  Mayor  or  other  judicial  officer  of  such 
city  for  the  breach  of  any  ordinance  of  such  city  in  relation 
to  houses  of  prostitution,  or  in  relation  to  the  keepers, 
frequenters  or  inmates  thereof ; or  for  the  breach  of  any 
ordinance  of  such  city  for  the  suppression  of  vice  or  im- 
morality, or  for  the  suppression  of  houses  of  ill-fame,  or  for 
the  punishment  of  the  keepers,  frequenters  or  inmates 
thereof,  when  so  collected,  shall  be  paid  over  to  the  Board 
of  Trustees  of  such  Home  for  Friendless  Women  in  such 
city,  to  be  applied  to  defraying  the  current  expenses  of  such 
Home. 

176  Sec.  2.  That  in  all  incorporated  cities  of  this 
State  where  there  is  or  shall  be  established  a Home  for 
Friendless  Women,  as  described  in  the  preceding  section, 
all  fines  and  penalties  imposed  or  assessed  and  collected 
by  the  Mayor  or  other  judicial  officer  of  such  city  for  the 
breach  of  any  ordinance  against  professional  gambling  or 
against  gaming  or  gambling  of  any  kind ; or  against  the 
keepers  of  gambling  houses,  or  the  frequenters  or  inmates 
thereof,  when  so  collected,  shall  be  paid  over  by  the  city 
authorities  to  the  Board  of  Trustees  of  such  Home  for 
Friendless  Women  in  such  city,  for  the  purposes  specified 
in  the  last  section. 

177  Sec.  3.  Whenever  any  person  shall  be  arrested 
for  the  breach  of  any  of  the  ordinances  mentioned  in  either 
of  the  two  foregoing  sections,  and  shall  give  a bond  or 
recognizance,  with  or  without  security,  conditioned  for  his 
appearance  before  the  Mayor  or  any  other  judicial  officer 
having  jurisdiction  to  try  the  case,  to  answer  the  charge, 
and  such  bond  or  recognizance  shall  be  forfeited,  such  for- 


ACTS. 


203 


feiture,  when  collected,  shall  be  paid  to  the  Trustees  of  the 
Home  for  Friendless  Women  which  may  then  exist  in  such 
city  as  aforesaid. 

178  Sec.  4.  The  Mayor,  or  other  officer  collecting 
any  fines  contemplated  by  this  act,  shall  keep  a separate 
account  thereof;  and,  at  the  end  of  each  period  of  three 
months  from  and  after  the  taking  effect  of  this  act,  such 
Mayor  or  other  officer  shall  pay  the  amount,  so  collected 
during  the  preceding  three  months,  into  the  city  treasury, 
for  the  use  of  the  Trustees  of  such  Home  for  Friendless 
Women ; and  said  Mayor  shall,  at  the  same  time,  make  a 
detailed  statement  to  the  City  Council,  showing  the  amount 
that  has  been  so  paid  into  the  city  treasury,  on  what  account^ 
collected,  and  that  it  belongs  to  the  said  Trustees  under 
the  provisions  of  this  act,  and,  thereupon,  the  Common 
Council  of  such  city  shall  make  an  order  for  the  payment 
of  the  same  to  said  Trustees,  for  the  purposes  aforesaid,  and 
the  same  shall  be  paid  accordingly. 

179  Sec.  5.  It  shall  be  the  duty  of  the  Trustees 
of  such  Home  for  Friendless  Women,  on  or  before  the  tenth 
day  of  January  of  each  year,  to  make  a detailed  report  to  the 
Common  Council  of  such  city  of  the  operations  and  business 
affairs  of  such  Home,  with  a statement  of  the  receipts  and 
expenditures  thereof,  and  such  other  matters  as  are  usually 
embraced  in  reports  of  kindred  institutions,  for  the  year 
ending  on  the  thirty-first  day  of  the  preceding  December. 


Account  of 
fines  to  be 
kept. 


When  paid. 
Detailed 
statement. 


Order  of 
Council. 


Report  of 
T rustee. 


AN  ACT  concerning  Public  Offenses  and  their  Punishment. 

(In  Force  September  19,  1881.) 

180  Sec.  I.  Whenever  it  shall  happen  that  a quorum 
shall  not  be  present  or  voting  in  the  Common  Council  of 
any  city  of  the  State  of  Indiana,  at  any  stated  or  special 
meeting  thereof,  by  reason  of  the  willful  or  intentional 
absence  of  any  member  or  members  of  the  same,  or  of  his 
or  their  refusing  to  vote,  or  to  answer  to  their  names  on 


204 


LAWS  AND  ORDINANCKS. 


Breaking 
quorum,  a 
misdemeanor. 


Crimes,  when 
cannot  be 
made  punish- 
able by 
ordinance. 


School  Trus- 
tees in  cities 
and  towns. 


any  vote  or  roll-call,  any  member  of  such  Common  Council 
so  refusing  to  vote,  or  to  be  present,  or  to  answer  to  his 
name,  with  the  intent  to  defeat,  delay  or  obstruct  legisla- 
tion or  legislative  action,  or  the  business  of  such  Common 
Council,  shall  be  deemed  guilty  of  a misdemeanor  and,  upon 
conviction  thereof,  shall  be  fined  not  more  than  one  thonsand 
dollars  ($i,ooo)  nor  less  than  one  hundred  dollars  ($ioo). 


CRIMES. 

AN  ACT  concerning  proceedings  in  Criminal  Cases. 

(Approved  March  14,  1881.  In  Force  September  19,  1881.) 

181  Sec.  I.  Whenever  any  act  is  made  a public 
ofifense  against  the  State  by  any  statute,  and  the  punish- 
ment prescribed  therefor,  such  act  shall  not  be  made 
punishable  by  any  ordinance  of  any  incorporated  city  or 
town,  and  any  ordinance  to  such  effect  shall  be  null  and  void ; 
and  all  prosecutions  for  any  such  public  offenses  as  may 
be  within  the  jurisdiction  of  the  authorities  of  such  incor- 
porated cities  and  towns,  by  and  before  such  authorities, 
shall  be  had  under  the  State  law  only. 

(March  12,  1875.) 

182  The  Common  Council  of  each  city  and  the 
Board  of  Trustees  of  each  incorporated  town  of  this  State, 
shall,  at  their  first  regular  meeting  in  the  month  of  June, 
elect  three  School  Trustees  (who  shall  hold  their  office 
one,  two  and  three  years  respectively,  as  said  Trustees  shall 
determine  by  lot  at  the  time  of  their  organization),  and, 
annually  thereafter,  shall  elect  one  School  Trustee,  who 
shall  hold  his  office  for  three  years.  Said  Trustees  shall 
constitute  the  School  Board  of  the  city  or  town ; and,  before 
entering  upon  the  duties  of  their  office,  shall  take  an  oath 
faithfully  to  discharge  the  duties  of  the  same.  They  shall 
meet  within  five  days  after  their  election,  and  organize  by 
electing  one  of  their  number  as  President,  one  as  Secretary, 


ACTS. 


205 


and  one  as  Treasurer.  The  Treasurer,  before  entering 
upon  the  duties  of  his  office,  shall  execute  a bond,  to  the 
acceptance  of  the  County  Auditor,  conditioned  as  in  ordinary 
offiicial  bonds,  with  at  least  two  sufficient  freehold  sureties, 
who  shall  not  be  members  of  said  Board,  in  a sum  not  less 
than  double  the  amount  of  money  which  may  come  into 
his  hands,  within  any  one  year,  by  virtue  of  his  office.  The 
President  and  Secretary  shall  each  give  bond,  with  like 
sureties,  to  be  approved  by  the  County  Auditor,  in  any  sum 
not  less  than  one-third  of  the  Treasurer’s  bond.  All  vacan- 
cies that  may  occur  in  said  Board  of  School  Trustees  shall 
be  filled  by  the  Common  Council  of  the  city  or  Board  of 
d'rustees  of  the  town ; but  such  election  to  fill  a vacancy  shall 
only  be  for  the  unexpired  term.  The  Board  of  School 
Trustees  shall,  each  year,  within  five  days  after  the  annual 
election  of  a member,  reorganize  their  Board  and  execute 
their  respective  bonds  for  the  ensuing  year.  Said  Trustees 
shall  receive  for  their  services  such  compensation  as  the 
Common  Council  of  the  city  or  the  Board  of  Trustees  of 
the  town  may  deem  just;  which  compensation  shall  be  paid 
from  the  special  school  revenues  of  the  city  or  town.  (Sec. 
4439,  Horner’s  Stat.) 

(March  6,  1883.) 

183  Sec.  7.  The  School  Trustees  of  every  township, 
incorporated  town,  or  city  shall  receive  the  special  school 
revenue  belonging  thereto,  and  the  revenue  for  tuition 
which  may  be  apportioned  to  his  township,  town  or  city  by 
the  State,  for  tuition  or  the  common  schools,  and  shall  pay 
out  the  same  for  the  purpose  for  which  such  revenue  (s) 
were  collected  and  appropriated.  Such  Trustees  shall  keep 
accurate  accounts  of  the  receipts  and  expenditures  of  such 
revenues,  and  shall  render  to  the  County  Commissioners, 
annually,  on  the  first  Monday  of  August,  for  the  school  year 
ending  on  the  thirty-first  day  of  July,  and  as  much  oftener 
as  they  may  require,  a report  thereof  in  writing.  Said 
Board  of  Commissioners  shall  hold  a session  on  said  Mon- 
day, to  receive  said  reports.  They  shall  clearly  and  sep- 
arately state : 

First — The  amount  of  special  school  revenue,  and  of 


Duty  of  School 
T rustees. 


206 


LAWS  AND  OKDINANCKS. 


school  revenue  for  tuition,  on  hand  at  the  commencement 
of  the  year  then  ending. 

Second — The  amount  of  each  kind  of  revenue  received 
within  the  year,  giving  the  amount  of  tuition  revenue  re- 
ceived at  each  semi-annual  apportionment  thereof. 

Third — The  amount  of  each  kind  of  revenue  paid  out 
and  expended  within  the  year. 

Fourth — The  amount  of  each  kind  of  revenue  on  hand 
at  the  date  of  said  report,  to  be  carried  to  the  new  account, 
and  shall,  with  said  report,  present  and  file  a detailed  account 
current  of  the  receipts  and  payments  for  the  year,  and  sup- 
port the  same  by  proper  voucher ; which  report  and  account 
current  shall  each  be  duly  verified  by  affidavit ; and  when 
the  said  County  Commissioners  are  satisfied  that  said  report 
is  full,  accurate,  and  right  in  all  respects,  and  that  said 
account  is  just  and  true,  they  shall  allow  and  pass  the  same; 
which  shall  have  the  effect  to  credit  the  Trustee  for  the 
expenditures.  A copy  of  said  report,  as  passed  and  allowed 
by  the  County  Commissioners,  shall,  within  ten  (lo)  days, 
after  its  date,  be  filed  by  the  Trustee  with  the  County 
Superintendent  of  the  county,  and  upon  failure  of  the 
Trustee  to  discharge  any  of  the  duties  required  of  him  rela- 
tive to  schools  and  school  revenues,  the  Board  of  County 
Commissioners  shall  cause  suit  to  be  instituted  against  him, 
on  his  official  bond ; and,  in  case  of  recovery  against  him,  the 
Court  rendering  the  judgment  shall  assess  upon  the  amount 
thereof  ten  (lo)  per  cent,  damages,  to  be  included  in  said 
judgment.  [As  amended  by  act  in  force  March  6,  1883, 
page  1 18.]  (Sec.  4441,  Horner’s  Stat.) 

(March  6,  1865.) 

Record.  104  g,  Xhe  Trustees  shall  keep  a record  of 

their  proceedings  relative  to  the  schools,  including  all  orders 
and  allowances  on  account  thereof ; including,  also,  accounts 
of  all  receipts  and  expenditures  of  school  revenue,  dis- 
Duty  as  to  rev-  tinguishing  between  the  special  school  revenue  belonging 
to  their  township,  town,  or  city,  and  the  school  revenue  for 
tuition  which  belongs  to  the  State,  and  by  it  apportioned 
to  their  township,  town  or  city ; which  said  revenue  for 
tuition  they  shall  not  permit  to  be  expended  for  any  other 


ACTS. 


207 


purpose,  nor  even  for  that  purpose  in  advance  of  its  appor- 
tionment to  their  respective  corporations.  ( Sec.  4442,  Hor- 
ner’s Stat.) 

(March  6,  1865.) 

185  Sec.  9.  The  Township  Trustees  and  the  School 
Trustees  of  incorporated  towns  and  cities  shall,  immediately 
after  their  annual  settlements  with  the  County  Commis- 
sioners, in  October,  make  a full  statement  of  all  their  re- 
ceipts and  expenditures,  for  the  year  preceding,  relative  to 
their  schools.  (Sec.  4443,  Horner’s  Stat.) 

(March  6,  1865.) 

186  Sec.  10.  The  Trustees  shall  take  charge  of  the 
educational  affairs  of  their  respective  townships,  towns  and 
cities.  They  shall  employ  teachers ; establish  and  locate, 
conveniently,  a sufficient  number  of  schools  for  the  educa- 
tion of  the  white  children  therein ; and  build,  or  otherwise 
provide,  suitable  houses,  furniture,  apparatus,  and  other 
articles  and  educational  appliances  necessary  for  the  thor- 
ough organization  and  efficient  management  of  said 
schools.  They  may  also  establish  graded  schools  or  such 
modifications  of  them  as  may  be  practicable ; and  provide 
for  admitting  into  the  higher  departments  of  the  graded 
school,  from  the  primary  schools  of  their  townships,  such 
pupils  as  are  sufficiently  advanced  for  such  admission.  They 
shall  have  the  care  and  management  of  all  property,  real 
and  personal,  belonging  to  their  respective  corporations,  for 
common  school  purposes,  except  the  congressional  town- 
ship school  lands ; which  lands  shall  be  under  the  care  and 
management  of  the  Trustee  of  the  civil  township  to  which 
such  lands  belong.  (Sec.  4444,  Horner’s  Stat.) 

(May  10,  1889.) 

187  Sec.  I.  In  addition  to  other  grades  or  depart- 
ments not  established  in  the  common  schools  of  the  State, 
the  Board  of  Trustees  of  any  incorporated  town  or  city  are 
hereby  empowered  by  law  to  establish,  in  connection  with 
the  common  schools  of  such  incorporated  town  or  city,  a 
kindergarten  or  kindergartens  for  the  instruction  of  children 
between  the  ages  of  four  and  six,  to  be  paid  for  in  the  same 
manner  as  other  grades  and  departments  now  established 


Annual  state- 
ment. 


General 

duties. 


Kindergartens 

established, 

when. 


Pupils. 


208 


LAWS  AND  ORDINANCES. 


Expense. 
Payment  of. 


Night  schools 
maintained, 
when. 


Who  admitted 
for  pupils. 


Alcoholic 
drinks, 
effects  of  to 
be  taught  in 
schools. 


in  the  common  schools  of  such  incorporated  town  or  city : 
Provided,  however,  That  no  money  accruing  to  such  incor- 
porated town  or  city  from  the  ‘'school  revenue  for  tuition 
fund,”  of  the  State  shall  be  used  to  defray  the  tuition  and 
other  expenses  of  such  kindergarten ; but  the  same  may  be 
defrayed  from  the  local  tax  for  tuition  and  the  special  school 
revenue  of  said  incorporated  town  or  city.  (Sec.  4444d, 
Horner's  Stat.) 

(May  10,  1889.) 

188  Sec.  I That,  in  all  cities  having  a population 
of  three  thousand  (3,000),  or  more,  according  to  the  census 
of  1880,  the  School  Trustees  of  such  cities  shall  keep 
and  maintain  a night  school,  between  the  hours  of  seven 
and  nine  and  a half  o’clock  p.  m.,  during  the  regular  school 
terms  as  a part  of  the  systems  of  common  schools,  whenever 
twenty  or  more  inhabitants  of  such  city  having  children 
between  the  ages  of  fourteen  and  twenty-one  years  of  age, 
or  persons  over  the  age  of  twenty-one  years  of  age,  who  by 
reason  of  their  circumstances  are  compelled  to  be  employed 
or  have  their  children  employed  during  the  school  days  to 
aid  in  the  support  of  such  families  who  desire  to  and  who 
shall  attend  such  school,  shall  petition  such  School  Trus- 
tees so  to  do.  (Sec.  4444c,  Horner’s  Stat.) 

189  Sec.  2.  All  persons  between  the  ages  of  four- 
teen and  thirty,  who  are  actually  engaged  in  business  or  at 
labor  during  the  day,  shall  be  permitted  to  attend  such 
school.  (Sec.  4444f,  Horner’s  Stat.) 

(July  1,  1895.) 

190  Sec.  I.  That  the  nature  of  alcoholic  drinks  and 
narcotics  and  their  effect  on  the  human  system  in  con- 
nection with  the  subjects  of  physiology  and  hygiene,  shall 
be  included  in  the  branches  to  be  regularly  taught  in  the 
common  schools  of  the  State  and  in  all  educational  insti- 
tutions supported  wholly  or  in  part  by  money  received  from 
the  State ; and  it  shall  be  the  duty  of  the  Board  of  Educa- 
tion and  Boards  of  such  educational  institutions,  the  town- 
ship Trustees,  the  Board  of  School  Trustees  of  the  several 
cities  and  towns  in  this  State,  to  make  provision  for  such 
instruction  in  the  schools  and  institutions  under  their  juris- 


ACTS. 


209 


diction  and  to  adopt  sncli  methods  as  shall  adapt  the  same 
to  the  capacity  of  the  pupils  in  the  various  grades  therein ; 
but  it  shall  be  deemed  a sufficient  compliance  with  the 
requirements  of  this  section  if  provision  be  made  for  such 
instruction  orally  only,  and  without  the  use  of  text-books 
by  the  ])upils.  (Sec.  4444g,  Horner’s  Stat.) 

(July  1,  1895.) 

191  Sec.  2.  No  certificate  shall  be  granted  to  any 
person  (on)  or  after  the  first  day  of  July,  1895,  to  teach 
in  the  common  school  or  in  any  educational  institution 
supported  as  aforesaid  who  does  not  pass  a satisfactory 
examination  as  to  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  their  effects  upon  the  human  system.  (Sec. 
4444b,  Horner’s  Stat.) 

(July  1,  1895.) 

192  Sec.  3.  Any  superintendent  or  principal  of,,  or 
teacher  in  any  common  school  or  educational  institution 
supported  as  aforesaid,  who  wilfully  refuses  or  neglects  to 
give  the  instruction  required  by  this  act,  shall  be  dismissed 
from  his  or  her  employment.  (Sec.  4444!,  Horner's  Stat.) 

(March  8,  1873.) 

193  Sec.  12.  The  School  Trustees  of  incorporated 
towns  and  cities  shall  have  power  to  employ  a superin- 
tendent for  their  schools  (whose  salary  shall  be  paid  from 
the  special  school  revenue),  and  to  prescribe  his  duties,  and 
to  direct  in  the  discharge  of  the  same.  (Sec.  4445,  Hor- 
ner’s Stat.) 

(March  3,  1877.) 

194  Sec.  I.  The  Board  of  School  Trustees  of  any 
city  or  incorporated  town  in  this  State  is  hereby  authorized 
and  em]iowered  to  pay  over  to  the  Common  Council  or  Board 
of  Trustees  of  such  city  or  town,  any  surplus  special  school 
revenue  in  the  hands  of  such  School  Trustees,  not  necessary 
to  meet  current  expenses,  such  excess  of  the  revenue  afore- 
said, to  be  applied  to  the  payment  of  the  interest  or  principal, 
or  both,  of  any  indebtedness  incurred  under  the  provisions 
of  the  act  of  March  8,  1873,  authorizing  cities  and  incorpo- 
rated towns  to  negotiate  and  sell  bonds  to  procure  means 


Examination 
of  teachers. 


Penalty  for 
neglect  of 
duty. 


Superintendent 
in  cities  and 
towns. 


Surplus  spe- 
cial school 
revenue 
in  cities  and 
towns. 


210 


LAWS  AND  ORDINANCES. 


Things 

legalized. 


Special  tax. 


to  erect  and  complete  unfinished  school  buildings,  and  to 
purchase  any  ground  and  building  for  school  purposes,  and 
to  pay  debts  contracted  for  the  erection,  completion  and 
purchase  of  buildings  and  grounds.  (Sec.  4447,  Horner’s 
Stat.) 

(March  6,  1865.) 

195  Sec.  2.  Where  the  excess  of  special  school 
revenue  not  necessary  to  meet  the  current  demand  upon 
such  revenue  shall  have  been,  prior  to  the  passage  of  this 
act,  loaned,  paid  over,  or  applied,  as  provided  in  the  pre- 
ceding section,  such  loan,  payment  or  application  of  such 
monev  is  hereby  legalized  and  made  valid,  as  fully  and 
completely  as  if  this  act  had  been  in  full  force  and  effect 
at  the  time  such  transaction  took  place.  (Sec.  4448, 
Horner’s  Stat.) 

(March  8,  1873.) 

196  Sec.  12.  The  Trustees  of  the  several  townships, 

towns  and  cities  shall  have  the  power  to  levy  a special  tax, 
in  their  respective  townships,  towns  or  cities,  for  the  con- 
struction, renting,  or  repairing  of  school  houses,  for  pro- 
viding furniture,  school  apparatus  and  fuel  therefor,  and 
for  the  payment  of  other  necessary  expenses  of  the  school, 
except  tuition  ; but  no  tax  shall  exceed  the  sum  of  fifty  (50) 
cents  on  each  one  hundred  dollars’  worth  of  taxable 
property  and  one  dollar  ($1)  on  each  poll,  in  any  one  year, 
and  the  income  from  said  tax  shall  be  denominated  as  the 
special  school  revenue.  Any  taxpayer  who  may  choose  to 
pay  to  the  Treasurer  of  the  township,  town  or  city  wherein 
said  taxpayer  has  property  liable  to  taxation,  any  amount 
of  money,  or  furnish  building  material  for  the  construction 
of  school  houses,  or  furniture,  or  fuel  therefor,  shall  be 
entitled  to  a receipt  therefor  from  the  Trustee  of  said 
township,  town  or  city,  which  shall  exempt  such  taxpayer 
from  any  further  taxes  for  said  purposes,  until  the  taxes 
of  said  taxpayer,  levied  for  such  purpose,  would,  if  not  thus 
paid,  amount  to  the  sum  or  value  of  the  materials  so  fur- 
nished or  amount  so  paid : Provided,  That  said  building 

materials  or  furniture  and  fuel  shall  be  received  at  the 
option  of  said  Trustee.  (Sec.  4467,  Horner’s  Stat.) 


ACTS. 


211 


(June  6,  1867.) 

197  Sec.  I.  The  School  Trustees  of  the  several 

. . tuition, 

townships,  towns  and  cities  shall  have  power  to  levy 

annnally  a tax  not  exceeding  thirty-five  (35)  cents  on  each 
one  hundred  dollars  of  taxable  property,  and  twenty-five 
(25)  cents  on  each  taxable  poll,  which  tax  shall  be  assessed 
and  collected  as  the  taxes  of  State  and  county  revenues 
are  assessed  and  collected,  and  the  revenues  arising  from 
such  tax  levy  shall  constitute  a supplementary  tuition  fund, 
to  extend  the  terms  of  school  in  said  townships,  towns  and 
cities,  after  the  tuition  funds  apportioned  to  such  townships, 
towns  and  cities  from  the  State  tuition  revenues  shall  have 
been  exhausted : Provided,  however,  that  should  there  be 

remaining  in  the  tuition  fund  of  any  township,  town  or  city 
levying  such  tax  at  the  close  of  any  school  year  any 
unexpended  balance  of  such  supplementary  tuition  fund 
assessed  and  collected  for  use  in  such  school  year,  or 
previous  years,  equal  to  or  exceeding  in  amount  one  cent 
upon  each  one  hundred  dollars  of  taxable  property  in  said 
township,  town  or  city,  then  it  shall  be  the  duty  of  the 
County  Auditor  to  take  notice  of  the  same,  and  at  the  time 
when  the  trustee  or  trustees  of  such  school  corporation 
shall  make  the  annual  levy  for  such  tax,  such  trustee  or 
trustees  shall  make,  under  oath,  an  estimate  of  the  amount 
of  supplementary  tuition  fuiifl  that  will  be  required  to  meet 
the  actual  expenses  of  the  schools  for  the  next  school  year, 
and  from  such  estimate  said  auditors  shall  deduct  the  unex- 
pended balance  of  such  fund  in  such  trustee  or  trustees’ 
hands  on  the  first  Monday  of  July,  and  the  said  trustee 
or  trustees  shall  make  a levy  not  larger  than  shall  be  suf- 
ficient to  produce  a supplementary  revenue  equal  to  the 
amount’ remaining  of  such  sworn  estimate  after  such  unex- 
pended balance  shall  have  been  deducted  therefroin.  (Sec. 

4469,  Horner’s  Stat.)  [As  amended  1895.] 

198  The  funds  arising  from  such  tax  shall  be  under  how 

tiie  charge  and  control  of  the  same  officers,  secured  bv  the  applied, 
same  guarantees,  subject  to  the  same  rules  and  regnlations, 

and  applied  and  expended  in  the  same  manner  as  funds 
arising  from  taxation  for  common  school  purposes  by  the 
laws  of  this  State : Provided,  That  the  funds  assessed  and 


Bnumeration. 
Trustee  to 
take. 


212  TAWS  AND  ORDINANCES. 

collected  in  any  school  township,  school  town  or  school  city 
shall  be  applied  and  expended  in  the  same  school  township, 
town  or  city,  in  which  such  funds  shall  have  been  assessed 
and  collected.  [As  amended  1895,  S.  P.  156.]  (Sec.  4470, 
Horner’s  stat.) 

(March  8,  1873.) 

199  Sec.  14.  The  School  Trustees  of  the  several 
townships,  towns  and  cities  shall  take,  or  cause  to  be  taken, 
between  the  tenth  day  of  April  and  the  thirtieth  day  of  the 
same  month,  each  year,  an  enumeration  of  all  unmarried 
persons  between  the  ages  of  six  and  twenty-one  years, 
resident  within  the  respective  townships,  towns  or  cities. 
Each  person  required  or  employed  to  take  such  enumeration 
shall  take  an  oath  or  affirmation  to  take  the  same  accurately 
and  truly  to  the  best  of  his  skill  and  ability.  Such  oath 
or  affirmation  shall  be  made  a matter  of  record  and  kept 
on  file  in  the  office  of  the  School  Trustees.  In  making 
said  enumeration,  the  Trustees,-  or  person  so  employed,  shall 
distinguish  between  the  white  and  colored  children,  enum- 
erating them  in  separate  lists,  and  shall  list  the  names  of 
parents,  guardians,  heads  of  families,  or  persons  having 
charge  of  such  child  or  children,  male  or  female,  shall  list 
the  full  name  and  give  the  sex  and  age  of  each  chijd  so 
enumerated,  shall  secure  the  signature  of  either  parent, 
guardian,  head  of  family,  or  person  having  charge  of  such 
child  or  children,  certifying  to  the  correctness  of  the  same, 
or  if  this  is  impossible,  shall  secure  the  signature  of  some 
responsible  person  who  can  certify  to  the  correctness  of 
said  list ; and  he  shall  give  the  number  of  the  school  district 
to  which  such  parent,  guardian,  head  of  family  or  person 
having  charge  of  such  child  or  children,  is  attached  for 
school  purposes,  and  the  number  and  initials  which  designate 
the  congressional  township  in  which  such  parent,  guardian, 
head  of  family  or  person  having  charge  of  such  child  or 
children  resides.  In  cities,  the  said  enumerator  shall  give, 
in  addition  to  the  above  enumerated  items,  the  street  and 
number  of  the  residence  of  such  person.  He  shall  include 
in  such  list  all  unmarried  persons  between  the  ages  of  six 
and  twenty-one  years,  whose  parents,  guardians,  heads  of 


ACTS. 


213 


families,  or  persons  having  charge  of  such  child  or  children 
shall  have  been  transferred  to  his  township,  town  or  city 
for  school  purposes ; and  he  shall  exclude  from  such  list 
all  persons  whose  parents,  guardians,  heads  of  families,  or 
persons  having  charge  of  such  child  or  children  shall  have 
been  transferred  from  his  township,  town  or  city  for  school 
purposes.  He  shall  not  include  in  such  list  any  persons 
residing  temporarily  in  his  township,  town  or  city  for  the 
purpose  of  attending  school,  or  who  are  members  of  a family 
staying  temporarily  in  his  township,  town  or  city,  but  whose 
actual  residence  is  elsewhere.  He  shall  include  in  his  list 
such  unmarried  persons  between  six  and  twenty-one  years 
of  age  as  are  dependent  upon  themselves  and  not  under 
charge  of  parents,  guardians  or  heads  of  families,  and 
shall  so  designate  such  persons  in  a separate  list,  giving  in 
cities  the  street  and  number  of  the  residence  of  such  persons. 
He  shall  enumerate  no  one  who  is  not  reported  to  him 
personally,  and  properly  certified  to,  as  herein  provided, 
except  in  cases  of  minors  who  are  dependent  upon  no  one, 
and  not  inmates  of  any  family  who  may  be  reported  as 
herein  provided  for : Provided,  That  if  any  parent, 

guardian,  head  of  family,  or  person  having  charge  of  any 
child  shall  be  absent)  the  enumerator  shall  ascertain  the 
facts  recpiired  from  other  reliable  sources,  and  sign  his  own 
name  to  the  certificate  herein  required  ; and  in  case  any  parent 
guardian,  head  of  family,  or  person  having  charge  of  any 
child  entitled  to  school  privileges,  shall  refuse  to  report  to 
the  enumerator  any  facts  herein  required,  necessary  to  a 
full  and  accurate  enumeration,  he  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  shall  be  fined  not 
less  than  one  ($i)  nor  more  than  ten  dollars  ($io.)  Each 
person  required  or  employed  to  take  the  enumeration,  as 
provided  for  in  this  act,  shall,  when  making  returns  of  said 
enumeration,  to  the  proper  officers,  make  affidavit  or- 
affirmation  that  he  has  taken  and  returned  the  enumeration 
in  accordance  with  the  provisions  of  this  act,  to  the  best  of 
his  knowledge  and  belief,  and  that  such  list  contains  the 
names  of  all  persons  entitled  to  be  enumerated  and  no 
others.  The  officer  to  whom  such  return  is  required  to  be 
made  may  take  and  shall  certify  such  affidavit  or  affirmation, 


214 


LAWS  AND  ORDINANCES. 


and  shall  keep  in  his  office  snch  affidavit  or  affirmation,  and 
such  report  and  list  of  names ; and  each  person  so  taking  and 
returning  the  enumeration  shall  be  allowed  by  the  township 
school  trustee,  or  the  school  trustees  of  incorporated  towns 
and  cities,  reasonable  compensation  per  diem  for  his 
services,  to  be  paid  out  of  the  special  school  fund  of  such 
township,  town  or  city.  Any  person  appointed  as  enum- 
erator, or  any  officer  through  whose  hands  the  enumeration 
required  by  this  act  shall  pass,  who  shall  knowingly 
enumerate  persons  not  entitled  to  be  enumerated,  or  who 
shall  in  any  manner  add  to  or  take  from  the  number  actually 
enumerated,  shall  be  deemed  guilty  of  a misdemeanor,  and, 
upon  conviction  of  such  offense,  shall  be  fined  in  any  sum 
not  less  than  five  ($5)  nor  more  than  one  hundred  dollars 
($100)  ; or  imprisonment  in  the  county  jail  not  less  than 
ten  nor  more  than  thirty  days,  at  the  discretion  of  the  court. 
[As  amended  1895. J (Sec.  4472,  Horner’s  Stat.) 

(March  6,  1865.) 

Transfer.  200  Sec.  1 6.  When  persons  can  be  better  accom- 

modated at  the  school  of  an  adjoining  township,  or  of  any 
incorporated  town  or  city,  the  Trustee  of  the  town  or  city 
in  which  such  person  resides  shall,  if  such  person  so  requests, 
at  the  time  of  making  the  enumeration,  transfer  them,  for 
educational  purposes,  to  such  township,  town  or  city,  and 
notifv  the  Trustee  of  such  transfer;  which  notice  shall  fur- 
nish the  enumeration  of  the  children  of  the  persons  so  trans- 
ferred. Each  Trustee  shall,  with  his  report  of  the 
enumeration,  report  distinctly  the  persons  transferred  to  his 
township,  town  or  city,  for  school  purposes;  indicating  in 
said  report  the  number  of  children  in  charge  of  the  persons 
transferred,  with  the  same  particularity  that  is  observed  in 
the  enumeration.  (Sec.  4473,  Horner’s  Stat.) 

(March  6,  1865.) 

Payment  for  201  Sec.  17.  Each  person  so  transferred,  for  educa- 

transfer.  tional  purposes,  to  a township,  town  or  city  in  an  adjoining 

county,  shall,  annually,  pay  to  the  Treasurer  of  such  town- 
ship, town  or  city  (when  a tax  is  levied  therein  for  the 
purposes  aforesaid)  a sum  equal  to  the  tax  levied,  computing 
the  same  upon  the  property  and  poll,  liable  to  tax,  of  such 


ACTS. 


215 


persons  in  the  township,  town  or  city  where  he  resides,  ac- 
cording to  the  valuation  thereof  by  the  proper  Assessor; 
which  payment  shall  release  his  property  from  special  school 
tax  in  the  township  in  which  he  resides.  In  default  of 
such  payment,  he  shall  be  debarred  from  educational  priv- 
ileges in  the  township,  town  or  city  to  which  he  may  have 
been  transferred;  and  the  Trustee  thereof  shall  notify  the 
Trustee  of  the  township,  town  or  city  in  which  he  (the 
person  transferred)  resides,  of  such  exclusion.  (Sec.  4474, 
Horner’s  Stat.) 

(March  8,  1873.) 

202  Sec.  I.  Any  city  or  incorporated  town  in  this 
State  which  shall,  by  the  action  of  its  School  Trustees,  have 
purchased  any  ground  and  building  or  buildings ; or  may 
hereafter  purchase  any  ground  and  building  or  buildings ; 
or  has  commenced,  or  may  hereafter  commence,  the  erection 
of  any  building  or  buildings  for  school  purposes ; or  which 
shall  have,  by  its  School  Trustees,  contracted  any  debts  for 
the  erection  of  such  building  or  buildings,  or  the  purchase 
of  such  ground  and  building  or  buildings;  or  such  Trustees 
shall  not  have  the  necessary  means  with  which  to  complete 
such  building  or  buildings,  or  to  pay  for  the  purchase  of 
such  ground  and  building  or  buildings,  or  pay  such  debt, 
may,  on  the  filing  by  the  School  Trustees  of  said  city  or 
town  of  a report,  under  oath,  with  the  Common  Council  of 
such  city,  or  the  Board  of  Trustees  of  such  town,  showing 
the  estimated  or  actual  cost  of  any  such  ground  and  building 
or  buildings,  or  the  amount  required  to  complete  such 
building  or  buildings,  or  purchase  such  ground  and  building 
or  buildings,  or  the  amount  of  such  debt,  on  the  passage  of 
an  ordinance  authorizing  the  same  by  the  Common  Council 
of  said  city  or  the  Board  of  Trustees  of  such  town,  issue 
the  bonds  of  such  city  or  town  to  an  amount  not  exceeding 
in  the  aggregate  fifty  thousand  dollars  ($50,000),  in 
denominations  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars,  and  payable  at  any  place  that  may 
be  designated  in  the  bonds  fthe  principal  in  not  less  than 
one  year  nor  more  than  twenty  years  after  the  date  of  such 
bonds,  and  the  interest  annually  or  semi-annually,  as  may  be 


Bonds 
for  school 
buildings. 


20 


216 


LAWS  AND  ORDINANCES. 


therein  provided),  to  provide  the  means  with  which  to  com- 
plete such  building  or  buildings,  or  to  pay  for  the  purchase 
of  such  ground  and  building  or  buildings,  and  to  pay  such 
debt.  Such  Common  Council  or  Board  of  Trustees  may, 
from  time  to  time,  negotiate  and  sell  as  many  of  such  bonds 
as  may  be  necessary  for  such  purpose,  in  any  place  and  for 
the  best  price  that  can  be  obtained  therefor  in  cash : 
Provided,  That  such  bonds  shall  not  be  sold  at  a price  less 
than  ninety-four  cents  on  the  dollar.  (Sec.  4488,  Horner’s 
Stat.) 

(March  8,  1873.) 

Use  of  pro-  203  Sec.  2.  The  proceeds  of  the  sales  of  such  bonds 

ceeds.  shall  be  paid  to  the  said  School  Trustees,  to  enable  them 

to  erect  or  complete  such  building  or  buildings,  and  pay 
such  debt.  But  before  payment  to  them,  such  School  Trustees 
shall  file  with  the  County  Auditor  a bond  payable  to  the  State 
of  Indiana,  in  a sum  not  less  than  the  full  amount  of  the 
said  money  so  to  be  paid  to  them,  and  with  security  to  be 
approved  by  said  Auditor,  conditioned  for  the  faithful  and 
honest  application  of  such  money  to  the  purpose  for  which 
the  same  was  provided;  and  such  Trustees,  and  their  surety 
or  sureties  shall  be  liable  to  suit  on  such  bond  for  any 
waste,  misapplication,  or  loss  of  such  money,  in  the  same 
manner  as  now  provided  for  waste  or  loss  of  school  revenue. 
(Sec.  4489,  Horner’s  Stat.) 

(March  11,  1875.) 

Special  tax.  204  Sec.  3.  In  addition  to  levying  the  tax  by  cities 

or  incorporated  towns  for  general  purposes,  now  auithorized 
by  law,  the  Common  Council  of  any  such  cities,  and  Boards 
of  Trustees  of  any  such  incorporated  towns  as  shall  avail 
themselves  of  the  provisions  of  this  act,  are  hereby 
authorized  and  required  to  levy,  annually,  a special  addi- 
tional tax,  at  the  same  time  and  in  the  same  manner  as  other 
taxes  of  such  city  or  town  are  levied,  sufficient  to  pay  the 
interest  and  principal  of  said  bonds  falling  due;  which 
additional  special  tax  shall  be  assessed  and  collected  as  the 
taxes  for  State  and  county  revenue  are  assessed  and 
collected.  The  Treasurer  of  said  city  or  town  shall  keep 
accurate  account  of  the  revenue  arising  from  said  special 


ACTS. 


217 


tax,  and  shall  in  his  reports,  when  required  by  the  city  or 
town  authorities,  show  the  amount  thereof  received,  the 
amount  disbursed,  and  the  amount  thereof,  if  any,  remaining 
delinquent.  He  shall  pay  out  the  same  only  by  the  authority 
of  the  Common  Council  of  said  city  or  Board  of  Trustees 
of  such  town ; and  shall  permit  the  same  to  be  applied  to  no 
other  purpose  than  the  payment  of  the  principal  and  interest 
of  such  bonds ; and  official  bonds  of  City  and  Town 
Treasurers  shall  be  construed  to  cover  and  include  revenue 
arising  from  this  source.  Persons  residing  outside  of  any 
such  city  or  town,  and  electing  to  be  transferred  to  such 
town  or  city  for  educational  purposes,  or  who  shall  send 
their  children  to  the  school  taught  in  any  such  building, 
shall,  with  their  property,  be  liable  to  such  tax,  as  if  they 
resided  in  such  city  or  town  on  all  property  owned  by  said 
person  in  the  township  where  such  city  or  town  is  located : 

Provided,  always.  That  nothing  in  this  act  shall  be  con- 
strued to  prevent  the  School  Trustees  of  such  town  or  city 
from  admitting  pupils  into  such  schools  from  outside  such 
city  or  town,  in  their  discretion,  upon  the  payment  of  tuition 
therefor,  and  without  subjecting  the  property  of  their 
parents  to  such  taxation,  when  such  schools  are  not  crowded 
and  their  admission  shall,  in  no  way,  interfere  with  the 
progress  of  the  children  within  such  city  or  town : Provided, 
further.  That  the  additional  special  tax,  hereby  authorized, 
shall  not,  in  any  one  year,  exceed  fifty  cents  on  any  one 
hundred  dollars  of  taxable  property,  and  one  dollar  on  each 
poll.  (Sec.  4490,  Horner’s  Stat.,  1897.) 

(March  20,  1879.) 

205  Sec.  I.  Before  the  School  Trustees  bf  any  in-  Condition  be- 
corporated  town  or  city  in  this  State  shall  purchase  any  building, 

ground  for  school  purposes  or  enter  into  any  contract  for 
the  building  of  any  school  building  or  buildings,  they  shall 
file  a statement  with  the  Trustees  of  such  incorporated 
town,  or  Common  Council  of  such  city,  showing  the 
necessity  for  such  purchase  of  ground,  or  the  erection  of 
such  building  or  buildings,  together  with  an  estimate  of 
the  cost  of  such  ground  or  building  or  buildings,  and  the 
amount  of  means  necessary  to  be  provided  to  pay  for  such 


218 


LAWS  AND  ORDINANCES. 


Surplus  spe- 
cial school 
revenue. 


Colored  chil- 
dren. 


ground  or  building  or  buildings.  And  they  shall  not  pur- 
chase any  ground,  or  enter  into  any  contract  for  the  building 
of  any  school  building  or  buildings,  until  such  action  be  ap- 
proved by  the  Trustees  of  such  incorporated  town,  or  by  the 
Common  Council  of  such  city  : Provided,  however.  That 

there  shall  be  nothing  in  this  act  so  construed  as  to  affect 
any  purchase  of  grounds,  or  contract  made  for  the  erection 
of  any  building  or  buildings,  for  school  purposes,  prior  to 
the  taking  effect  of  this  act.  (Sec.  4491,  Horner’s  Stat.) 

(Mav  31,  1879.) 

206  Sec.  I.  It  shall  be  the  duty  of  the  Board  of 
Trustees  of  any  incorporated  town  in  this  State  to  pay  over 
to  the  Common  Council  or  Board  of  School  Trustees  of 
such  city  or  town  any  surplus  special  school  revenue  in  the 
hands  of  such  School  Trustees,  not  necessary  to  meet  cur- 
rent expenses ; such  excess  of  the  revenue  aforesaid  to  be 
applied  for  the  payment  of  the  interest  or  principal, _ or 
both,  of  any  indebtedness  incurred  under  the  provisions  of 
the  act  of  March  8,  1873,  authorizing  cities  and  incorporated 
towns  to  negotiate  and  sell  bonds  to  procure  means  to  erect 
and  complete  unfinished  school  buildings,  and  to  purchase 
any  ground  and  building  or  buildings  for  school  purposes, 
and  to  pay  debts  contracted  for  the  erection  and  purchase  of 
buildings  and  grounds.  (Sec.  4492,  Horner’s  Stat.) 

March  5,  1877.) 

207  Sec.  3.  The  Trustee  or  Trustees  of  such  Town- 

ship, town  or  city  may  organize  the  colored  children  into 
separate  schools  of  the  township,  town  or  city,  having  all  the 
rights,  privileges  and  advantages  of  all  other  schools  of  the 
township,  town  or  city : Provided,  That  in  case  there  may 

not  be  provided  separate  schools  for  the  colored  children, 
then  such  colored  children  shall  be  allowed  to  attend  the 
public  schools  with  white  children : Provided,  further. 

That  when  any  child  attending  such  colored  school  shall, 
on  examination  and  certificate  of  his  or  her  teacher,  show 
to  the  Trustee  or  Trustees  of  any  township,  town  or  city 
that  he  or  she  has  made  a sufficient  advancement  to  be  placed 
in  a higher  grade  than  that  afforded  by  such  colored  school, 
he  or  she  shall  be  entitled  to  enter  the  school  provided  for 


ACTS. 


219 


white  children  of  a like  grade,  and  no  distinction  shall 
therein  be  made  on  account  of  race  or  color  of  such  colored 
child.  (Sec.  4496,  Horner’s  Stat.) 

(Aug:ust  16,  1869.) 

208  Sec.  147.  The  common  schools  of  the  State 
shall  be  taught  in  the  English  language ; and  the  Trustee 
shall  provide  to  have  taught  in  them  orthography,  reading,  Branches 
writing,  arithmetic,  geography,  English  grammar,  physi-  taught, 
ology,  history  of  the  United  States,  and  good  behavior,  and 
such  other  branches  of  learning  and  other  languages  as  the 
advancement  of  pupils  may  require  and  the  Trustees  from 
time  to  time  direct.  And  whenever  the  parents  or  guardians 
of  twenty-five  or  more  children  in  attendance  at  any  school 
of  a township,  town  or  city  shall  so  demand  it  shall  be  the 
duty  of  the  School  Trustee  or  Trustees  of  said  township, 
town  or  city  to  procure  efficient  teachers,  and  introduce  the 
German  language,  as  a branch  of  study,  into  such  schools ; 
and  the  tuition  in  said  schools  shall  be  without  charge : 

Provided,  Such  demand  is  made  before  the  teacher  for  said 
district  is  employed.  (Sec.  4497,  Horner’s  Stat.) 


(March  6,  1865.) 

209  Sec.  28.  d rustees  shall  employ  no  person  to  Teachers,  em- 
teach  in  any  of  the  common  schools  of  the  State,  unless  ployment  and 
such  teacher  shall  have  a license  to  teach,  issued  from  the  dismissal, 
proper  State  or  county  authority,  and  in  full  force  at  the 
date  of  the  employment.  Any  teacher  who  shall  commence 
teaching  any  such  school  without  a license  shall  forfeit  all 
claim  to  compensation  out  of  the  school  revenue  for  tuition 
for  the  time  he  or  she  teaches  without  such  license ; but  if 
a teacher’s  license  shall  expire  by  its  own  limitation  within 
a term  of  employment,  such  teacher  may  complete  such 
term  of  employment  within  the  then  current  school  year. 

The  said  Trustee  shall  not  employ  any  teacher  whom  a 
majority  of  those  entitled  to  vote  at  school  meetings  have 
decided,  at  any  regular  school  meeting,  they  do  not  wish 
employed ; and  at  any  time  after  the  commencement  of  any 
school,  if  a majority  of  such  voters  petition  such  Trustee 
that  they  wish  the  teacher  thereof  dismissed,  such  Trustee 
shall  dismiss  such  teacher,  but  only  upon  due  notice  and 


220 


LAWS  AND  ORDINANCES. 


Title  of  school 
property. 


Annexation  of 
territory. 


Compulsory 
education;  8 
to  14. 


upon  good  cause  shown,  but  such  teacher  shall  be  entitled 
to  pay  for  services  rendered.  (Sec.  4501,  Horner’s  Stat.) 

(March  3,  1893.) 

210  Sec.  157.  The  title  to  all  lands  acquired  for 
school  purposes  shall  be  conveyed  to  the  township,  incor- 
porated town,  or  city  for  which  it  is  acquired,  in  the  cor- 
porate name  of  such  township,  town  or  city  which  is  used 
for  school  purposes,  for  the  use  of  common  schools  therein. 
In  all  cases  in  which  the  title  to  any  such  land  is  vested 
in  any  other  person  or  corporation  than  as  above  provided, 
it  shall  be  the  duly  of  the  Trustee  for  school  purposes  of 
the  township,  town  or  city  to  procure  the  title  to  be  vested 
as  in  this  section  provided.  (Sec.  4508,  Horner’s  Stat.) 

(March  3,  1893.) 

211  Sec.  I.  Whenever  there  has  been,  or  may  here- 
after be,  by  proper  proceedings,  any  territory  annexed  to 
any  city,  or  incorporated  town  of  this  State,  which  territory 
included  within  such  boundary  as  annexed  any  real  estate, 
which  prior  to  such  annexation  was  the  property  of  the 
school  township  adjoining  such  town  or  city,  and  used  for 
school  purposes  by  such  school  township,  such  real  estate 
shall  by  virtue  of  such  annexation  at  once  become  in  fee 
simple  the  property  of  the  school  corporation  of  such  town 
or  city,  within  the  corporate  boundaries  of  which  it  is  found 
after  such  annexation  of  territory,  and  it  is  hereby  made 
the  duty  of  the  Township  Trustee  to  at  once  execute  and 
deliver  to  the  school  corporation  of  such  town  or  city,  a 
deed  conveying  such  title  as  his  school  township  has,  for 
all  school  property  which  has  passed  by  such  proceedings 
from  the  territorial  jurisdiction  of  the  township  to  that  of 
a town  or  city.  (Sec.  4508a,  Horner’s  Stat.) 


AN  ACT  concerning  the  Education  of  Children. 

(Approved  March  8,  1897.) 

212  Sec.  I.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  every  parent,  guardian  or 
other  person  in  the  State  of  Indiana,  having  control  or 


ACTS. 


221 


charge  of  any  child  or  children  between  the  ages  of  eight 
and  fourteen  years,  shall  be  required  to  send  such  child  or 
children  to  a public,  private  or  parochial  school,  or  to  two 
or  more  of  these  schools,  each  school  year,  for  a period  of 
at  least  -twelve  consecutive  weeks  in  each  year : Provided, 

That  any  and  all  children  that  have  completed  the  first 
eight  years  of  work  of  the  common  schools  of  the  State  of 
Indiana  and  have  received  certificates  of  graduation  from 
the  common  schools  shall  be  exempt  from  the  provisions 
of  this  act : Provided,  That  children  who  are  physically  or 

mentally  incapacitated  for  the  work  of  the  common  schools 
are  exempt  from  the  provisions  of  this  act;  but  the  school 
authorities  shall  have  the  right  and  duty  where  such 
exemption  from  the  provisions  of  this  act  is  claimed  by 
any  parent,  guardian,  custodian  or  child,  to  cause  an  exam- 
ination of  such  child  by  a physician  or  physicians  employed 
for  such  purpose  by  such  officers,  and  if  such  physician  or 
physicians  hold  that  such  child  is  capable  of  doing  the  work 
in  the  common  schools,  then  such  child  shall  not  be  exempt 
from  the  provisions  of  this  act. 

213  Sec.  2.  It  shall  be  the  duty  of  the  County 
Superintendent  of  schools  for  township,  and  of  the  City 
Superintendent  of  Schools  in  a city  or  town,  together  with 
the  Secretary  of  the  State  Board  of  Charities  and  one 
member  of  the  State  Board  of  Education  designated  for 
such  purpose  by  said  Board,  to  appoint  one  or  more  truant 
officers,  not  exceeding  five  in  number  in  any  coimt}%  who 
shall  be  assigned  to  duty  by  districts  composed  of  town- 
ships. The  truant  officer  shall  see  that  the  provisions  of 
this  act  are  complied  with,  and,  when  from  personal  knowl- 
edge or  by  report  or  complaint  from  any  resident  of  the 
township  or  townships  under  his  supervision,  he  believes 
that  any  child  subject  to  the  provisions  of  this  act,  is 
habitually  absent  from  school,  he  shall  immediately  give 
written  notice  to  the  parent,  guardian  or  custodian  of  such 
child  that  the  attendance  of  such  child  at  school  is  required, 
and  if,  within  five  days,  such  parent,  guardian  or  custodian 
of  child  does  not  comply  with  the  provisions  of  this  section, 
then  such  truant  officer  shall  make  complaint  against  such 


Proviso,  as  to 
graduates. 


Proviso  as  to 
children  in- 
capacitated. 


T ruant 
officers;  ap- 
pointment 
and  duties. 


222 


LAWS  AND  ORDINANCES. 


Penalty  for 
violation. 


In  cities  and 
towns. 


T ruant 
officers,  pay. 


T ruant 
officers,  time 
of  service. 


Report 

by  school  of- 
ficers. 


Indigent  chil- 
dren. 


parent,  guardian  or  custodian  of  such  child,  in  any  court  of 
record,  for  violation  of  the  provisions  of  this  act,  and  any 
such  parent,  guardian  or  custodian  of  child  who  shall  violate 
the  provisions  of  this  act,  shall  be  adjudged  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  ten  nor  more  than  fifty  dollars,  to 
which  may  be  added,  in  the  discretion  of  the  court,  im- 
prisonment in  the  county  jail  not  less  than  two  nor  more 
than  ninety  days. 

214  Sec.  3.  For  every  city  or  incorporated  town  it 
shall  be  the  duty  of  the  Superintendent  of  Schools  of  such 
city  or  town,  together  with  the  Secretary  of  the  State  Board 
of  Charities  and  one  member  of  the  State  Board  of  Educa- 
tion designated  for  such  purpose  by  the  said  Board,  to 
a])point  one  or  more  truant  officers  for  the  enforcement  of 
the  provisions  of  this  act  in  such  city  or  incorporated  town 
in  the  manner  and  under  such  penalties  as  are  prescribed 
1)v  Section  2 of  this  act. 

215  Sec.  4.  The  truant  officers  provided  for  in  this 
act  shall  receive  from  the  County  Treasurer  two  dollars 
($2)  for  each  day  of  actual  service,  to  be  paid  by  the  County 
Treasurer  upon  warrant  drawn  by  the  County  Auditor. 

215-A  Sec.  5.  The  truant  officers  provided  for 
by  this  act  shall  serve  one  year  from  the  date  of  their  ap- 
pointment unless  sooner  discharged  by  the  Board,  which  is 
by  this  act  provided  for  their  appointment. 

215-B  Sec.  6.  All  school  officers  are  hereby  re- 
quired to  make  and  furnish  all  reports  that  may  be  required 
by  the  Superintendent  of  Public  Instruction  or  by  the 
Board  for  the  appointment  of  truant  officers  with  reference 
to  the  workings  of  this  act. 

216  Sec.  7.  If  any  parent,  guardian  or  custodian  of 
any  child  or  children  is  too  poor  to  furnish  such  child  or 
children  with  the  necessary  books  and  clothing  with  which 
to  attend  school,  then  the  School  Trustee  of  the  township 
or  the  Board  of  School  Trustees  or  Commissioners  of  the 
city  or  incorporated  town  where  such  parent,  guardian  or 
custodian  resides,  shall  furnish  temporary  aid  for  such 
purpose  to  such  child  or  children,  which  aid  shall  be  allowed 


ACTS. 


223 


and  paid  upon  the  certificate  of  said  officers  by  the  Board 
of  County  Commissioners  of  said  county.  Such  Township 
Trustee  or  Board  of  School  Trustees  shall  at  once  make  out 
and  file  with  the  Auditor  of  the  county  a full  list  of  the 
children  so  aided,  and  the  Board  of  County  Commissioners, 
at  their  next  regular  or  special  meeting,  shall  investigate 
such  cases  and  make  such  provisions  for  such  children  as 
will  enable  them  to  continue  in  school  as  intended  bv  this  act. 

217  Sec.  8.  School  Commissioners,  Trustees  and 
Boards  of  Trustees  are  empowered  to  maintain  either  within 
or  without  the  corporate  limits  of  their  corporations  a 
‘‘Parental  Home”  for  incorrigible  and  truant  children.  Any 
child  not  being  over  twelve  years  of  age,  who  shall  be  truant 
or  incorrigible,  may,  with  the  common  consent  of  the  School 
Trustee,  or  Boards  of  School  Trustees  or  Commissioners 
and  parent,  guardian  or  person  having  charge  of  such  child, 
be  compelled  to  attend  such  “Parental  Home”  for  an 
indeterminate  time.  If  the  parent,  guardian  or  person 
having  charge  of  such  incorrigible  or  truant  child  shall 
refuse  his  consent  to  the  attendance  of  such  incorrigible  or 
truant  child,  at  such  “Parental  Home,”  the  Superintendent 
of  Schools,  or  the  Principal,  Supervisor  or  teacher  of  any 
school,  may  file  complaint  in  the  Circuit  or  Superior  Court 
of  the  county,  and  such  Court  shall  have  the  power,  upon 
the  hearing  of  the  case,  to  order  the  compulsory  attendance 
of  such  incorrigible  or  truant  in  such  “Parental  Home”  for 
an  indeterminate  time,  not  longer  than  one  hundred  and 
twenty  days. 

218  Sec.  9.  For  the  purpose  of  defraying  the  in- 
creased expenditure  necessary  for  the  carrying  out  of  the 
purpose  of  this  act.  Trustees  of  school  townships.  Board 
of  School  Trustees,  or  Commissioners  of  cities  and  towns 
and  Boards  of  School  Commissioners,  are  hereby  empowered 
to  levy,  in  addition  to  any  and  all  sums  heretofore  provided 
by  law,  any  amount  of  special  school  revenue  not  exceeding 
ten  (10)  cents  on  the  hundred  dollars  of  taxable  property; 
such  taxes  to  be  levied  and  collected  as  all  other  special 
school  revenue. 


List  of  chil- 
dren aided. 


“Parental 
Home”  for 
truants. 


Tax  levy  for 
purposes  of 
this  act. 


224 


LAWS  AND  ORDINANCKS. 


Exemption. 


Free  libraries. 


In  cities  and 
incorporated 
towns. 


Tax  to  main- 
tain. 


Real  estate. 


219  Sec.  io.  If  any  child  lives  more  than  two  miles 
from  the  nearest  public  school,  he  shall  not  be  subject  to 
the  provisions  of  this  act. 

(In  Force  March  7,  1881.) 

220  Sec.  I.  In  all  cities  and  incorporated  towns  of 
this  state,  the  Board  of  School  Trustees,  Board  of  School 
Commissioners,  or  whatever  Board  may  be  established  by 
law  to  take  charge  of  the  public  or  common  schools  of  such 
city  or  incorporated  town,  shall  have  power  if,  in  their  discre- 
tion, they  deem  it  to  the  public  interest,  to  establish  a free 
public  library  in  connection  with  the  common  schools  of 
such  city  or  incorporated  town,  and  to  make  such  rules  and 
regulations  for  the  care,  protection  and  government  of  such 
library,  and  for  the  care  of  the  books  provided  therefor,  and 
for  the  taking  from  and  returning  to  said  library  of  such 
books,  as  the  said  Board  may  deem  necessary  and  proper, 
and  to  provide  penalties  for  the  violation  thereof : Provided, 
That  in  any  city  or  incorporated  town  where  there  is  already 
established  a library  open  to  all  the  people,  no  tax  shall  be 
levied  for  the  purpose  herein  named. 

(In  Force  March  7,  1881.) 

221  Sec.  2.  Such  Board  shall  also  have  power  to 
levy  a tax  of  not  exceeding  one-third  of  a mill  on  each  dollar 
of  taxable  property  assessed  for  taxation  in  such  city  in 
each  year ; which  tax  shall  be  placed  on  the  tax  duplicate 
of  such  city,  and  collected  in  the  same  manner  as  other 
taxes ; and  when  said  taxes  are  so  collected,  they  shall  be 
paid  over  to  the  said  Board  for  the  support  and  maintenance 
of  said  public  library.  Such  Board  shall  have  power,  and 
it  shall  be  its  duty,  to  disburse  said  fund,  and  all  revenues 
derived  from  gift  or  devise,  in  providing  and  fitting  up  suit- 
able rooms  for  such  library ; in  the  purchase,  care  and 
binding  of  1)Ooks  therefor ; and  in  the  payment  of  salaries  to 
a lil)rarian  and  necessary  assistants. 

(In  Force  March  7,  1881.) 

222  Sec.  3.  Any  such  city  in  which  ,a  free  public 
lilirary  may  be  established  in  accordance  with  the  terms  of 
this  act  may  accjuire  by  purchase,  or  take  and  hold  by  gift, 


ACTS. 


225 


grant  or  devise,  any  real  estate  necessary  for,  or  which  may 
be  donated  or  devised  for  the  benefit  of  such  library ; and 
all  revenues  arising  therefrom,  and  the  proceeds  of  the  same, 
if  sold,  shall  be  devoted  to  the  use  of  said  library. 

(In  Force  April  8,  1885.) 

223  Sec.  4.  In  any  case  in  which  the  Board  of 
School  Trustees  of  any  city  of  this  State  have  purchased 
any  real  estate  for  the  use  of  a public  library  of  said  city, 
under  sections  4524,  4525  and  4526  of  the  Revised  Statutes 
of  1881,  and  the  revenue  derived  from  taxation  under  said 
sections  may  have  been  or  shall  be  insufficient  to  pay  for 
such  real  estate,  then  said  Trustees  be  and  they  are  hereby 
authorized  to  pay  for  the  same  out  of  any  money  in  the 
treasury  of  such  school  city  belonging  to  the  special  school 
fund  thereof. 

(In  Force  March  6,  1865.) 

224  Sec.  14.  The  library  shall  be  open  to  all  per- 
sons entitled  to  its  privileges  throughout  the  year,  without 
regard  to  school  session,  Sundays  and  holidays  excepted. 


AN  ACT  to  authorize  cities  and  incorporated  towns  to  con- 
struct, niaintain  and  operate  water  zvorks;  issue  and  sell 
bonds  to  pay  for  such  construction,  repealing  all  lazvs 
in  conflict  zvith  this  net,  and  declaring  an  emergency. 

225  Sec.  I.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  the  Common  Council  of  any 
city  or  Board  of  Trustees  of  any  incorporated  town,  having 
a population  of  less  than  forty-five  thousand  (45,000), 
which  shall,  by  ordinance  or  resolution,  decide  to  erect 
water  works,  or  to  make  extensions  or  improvements  where 
works  have  heretofore  been  constructed,  are  hereby  author- 
izd,  for  the  special  purpose  of  furnishing  the  inhabitants  of 
such  city  or  town  with  pure  and  wholesome  water,  and  for 
fire  protection,  to  issue  bonds  of  such  city  or  town,  in  de- 
nominations not  less  than  fifty  dollars  ($50)  nor  more  than 
one  thousand  dollars  ($1,000)  , and  payable  at  any  place  that 


Payment  from 
school  fund. 


When  open. 


Cities  and 
incorporated 
towns  having 
population  of 
less  than 
45,000  may 
issue  bonds 
for  construc- 
tion of  water- 
works, etc. 
Denomina- 
tions of  such 
bonds,  when 
and  where 
payable,  etc. 


226 


LAWS  AND  ORDINANCES. 


Sale  of  such 
bonds,  and  at 
what  price. 


Question  shall 
be  submitted 
to  vote,  and 
such  election 
may  be  or- 
dered upon 
petition,  etc. 

Waterworks 
shall  not  be 
erected  un- 
less majority 
at  such  elec- 
tion vote 
therefor. 


Notice  of  such 
election. 


Location  of 
waterworks 
and  con- 
demnation of 
property. 


may  be  designated  in  the  bonds,  the  principal  in  not  less 
than  five  years  nor  more  more  than  twenty  years  after  the 
date  of  such  bonds,  and  the  interest  annually  or  semi- 
annually, and  such  Council  or  Trustees  may,  from  time  to 
time,  negotiate  and  sell  as  many  of  such  bonds  as  may  be 
necessary  for  such  purpose,  in  any  place  and  for  the  best 
price  that  can  be  obtained  therefor  in  cash : Provided, 

That  such  bonds  , shall  not  be  sold  at  a price  less  than  ninety- 
four  cents  on  the  dollar:  Provided,  That  the  Common 

Council  of  any  city,  or  Town  Trustees  of  any  incorporated 
town,  contemplating  building  water  Avorks  under  this  act, 
shall,  before  actually  embarking  therein,  submit  the  ques- 
tion to  the  qualified  voters  thereof  at  a special  or  general 
election,  and  voters  desiring  water  works  may  vote,  for 
water  works,  or  if  opposed,  against  water  works.  Such 
election  may  be  ordered  upon  a petition  of  one  hundred  free- 
holders and  resident  taxpayers  of  such  city  or  incorporated 
town,  and  in  no  case  shall  the  Common  Council  of  any  city, 
or  Town  Trustees  of  any  incorporated  town,  erect  water- 
works except  upon  a majority  of  all  the  votes  cast  at  such 
election  upon  the  said  question  of  water  works  as  provided 
for  in  this  act.  Such  bonds  shall  be  issued  under  the  pro- 
visions of  the  present  law  regulating  the  issue  and  sale  of 
bonds,  so  far  as  the  same  can  be  made  applicable : Provided, 

however.  That  the  provision  of  said  act  that  the  entire 
money  borrowed  by  a city  shall  not  at  any  time  exceed  two 
(2)  per  centum  of  the  taxable  property  of  such  city,  shall 
not  apply  to  this  act : Provided,  further,  That  notice  of 

such  election  and  submission  of  said  question  of  water  works 
thereat  shall  be  published  ,for  three  weeks  successively  before 
the  day  of  such  election,  in  some  newspaper  printed  and 
pulilished  in  such  city  or  town,  and  of  general  circulation 
therein,  which  said  notice  shall  be  signed  by  the  Clerk  of 
such  city  or  town. 

226  Sec.  2.  The  Common  Council  of  any  city,  or 
Board  of  Trustees  of  any  incorporated  town,  which  shall  so 
determine  to  build  Avater  Avorks,  or  to  make  extensions  of 
such  AvaterAvorks,  Avhere  they  have  heretofore  been  con- 
structed or  commenced,  shall  have  authoritv  to  locate  such 


ACTS. 


227 


works,  with  all  appendages,  and  lay  such  lines  of  pipe  as 
may  be  recjuired : and  in  case  the  use  of  any  lands,  town 
lots,  water  rights  or  easements,  or  use  of  any  water  from 
any  pool,  lake  or  natural  stream  of  water,  or  if  such  pool, 
lake  or  natural  stream  of  water  shall  be  found  necessary 
for  the  ])uilding  maintaining  or  operating  of  such  works,  it 
shall  be  lawful  for  such  Common  Council  or  Board  of  Trus- 
tees, by  themselves  or  agent,  to  enter  upon  and  take  pos- 
session of  and  condemn  the  same  for  these  uses,  and  for  the 
supply  with  water,  of  any  conduit  pipes,  stand  pipes,  storage 
reservoirs,  and  settling  and  filtering  basins.  No  artificial 
provision  made  for  water,  by  any  person,. or  corporation,  or 
owned  by  any  person,  association  or  body,  shall  be  used 
or  condemned  without  consent  of  the  owner:  Provided, 

That  ail}-  such  lands,  town  lots,  water  rights,  easements, 
jiools,  lakes  and  natural  streams  of  water  shall  not  be  used 
for  any  other  purpose  than  for  the  use  of  said  water  works. 
For  the  purpose  of  such  condemnation  and  use,  such  Com- 
mon Council  or  Boarrl  of  Trustees  shall  have  jurisdiction 
for  ten  miles  beyond  the  limits  of  such  city  or  town:  Pro- 

vided,  further,  That  before  such  Common  Council  or  Board 
of  Trustees  shall  proceed  to  fake  possession  of  such  lands, 
lots,  water  rights,  easements,  jiools,  lakes  and  natural 

streams  of  water,  for  the  purposes  above  mentioned,  they 
shall  a})]ioint  three  commissioners,  residents  of  such  city  or 
town,  who  shall  be  disinterested  freeholders,  to  appraise  and 
assess  the  damages  accruing  to  the  owners  of  any  lands, 
lots,  water  rights,  easements,  pools,  lakes  and  natural 

streams  cT  water,  so  taken  and  condemned  for  said  work. 
And  said  commissioners  shall,  before  they  proceed  to  per- 
form their  duties  as  appraisers,  take, and  subscribe  an  oath 
or  affirmation,  faithfully  to  ])erform  all  their  duties  as  such 
appraisers,  which  shall  be  endorsed  upon  or  attached  to 
their  a])]jointment,  and  fde  the  same  with  the  Clerk  of  such 
town  or  city.  Ten  days’  notice  shall  he  given  such  com- 
missioners, by  said  Council  or  Board  of  Trustees,  through 
the  City  or  d'own  Clerk,  of  the  appraisement  to  be  made, 
giving  a complete  description  of  the  premises  to  be  viewed, 
A like  notice  shall  be  given  by  ])ersonal  service,  or  by  leaving 


In  what  cases 
consent  of 
owner  shall 
be  obtained. 

Property  con- 
demned  shall 
not  be  used 
for  other  pur* 
poses  than 
waterworks. 

Commission- 
ers shall  be 
appointed  to 
appraise  and 
assess 
damages. 


Oath  of  Com- 
missioners. 


Notice  shall  be 
given  to  such 
Commis- 
sioners and 
to  owners  of 
property  to 
be  appraised, 
etc. 


228 


LAWS  AND  ORDINANCES. 


Commissioners 
shall  make 
examination 
of  property, 
receive  evi- 
dence and 
make  reports, 
and  file  same. 


Tender  of 
damages  as- 
sessed and 
when  to  be 
kept  by 
Treasurer  of 
city  as 
special  de- 
posit. 


Acceptance  or 
rejection  of 
terms  of  such 
report. 

Appeal  may 
be  taken  by 
party  ag- 
grieved. 


the  same  with  some  person  of  suitable  age  at  their  place 
of  abode  to  each  of  the  owners  or  agents  thereof,  of  lands, 
lots,  water  rights,  easements,  pools,  lakes  or  natural  streams 
to  be  so  taken  for  such  water  works  as  in  civil  cases.  If 
the  owners  are  unknown  or  non-residents  of  this  State,  pub- 
lication of  the  same  in  one  or  more  newspapers  of  the  town 
of  general  circulation,  or  by  posting  up  written  or  printed 
notices  in  six  public  places  in  such  city  or  town,  if  there  be 
no  newspaper  published  therein,  for  three  weeks,  shall  be 
deemed  equivalent  to  such  personal  service. 

227  Sec.  3.  Such  commissioners,  or  a majority  of 
them,  shall,  at  the  place  and  time  indicated  in  such  notice, 
proceed  to  an  examination  of  such  lands,  lots,  water  rights, 
easements,  pools,  lakes  and  natural  streams  so  desired  to 
be  taken  or  condemned  for  the  use  of  such  water  works,  and 
shall  then  and  there  estimate  the  damages  accruing  to  the 
owner.  They  shall  view  the  premises  and  receive  any  evi- 
dence touching  the  questions  before  them,  and  may,  for  that 
purpose,  administer  oaths  to  witnesses  examined  in  relation 
thereto.  They  shall  make  a report  in  writing  of  the  amount 
of  damage,  if  any,  accruing  to  each  owner,  and  within  ten 
days  thereafter  file  the  same  with  the  Clerk  of  such  city  or 
town. 

228  Sec.  4.  When  such  report  is  filed,  as  in  the  pre- 
ceding section  required,  the  Common  Council,  or  Board  of 
Trustees,  if  they  accept  the  assessment  so  made,  shall  tender, 
or  cause  to  be  tendered  to  the  owner  of  such  lands,  lots, 
water  rights,  easements,  pools,  lakes  or  natural  streams,  or 
their  heirs  or  representatives,  the  damages  awarded  by  such 
commissioners,  or  if  not  found  within  the  city  or  town,  or 
the  award  is  not  accepted,  then  the  same  shall  be  kept  by 
the  Treasurer  as  a special  deposit,  subject  to  the  order  of 
such  owner  or  his  heirs  or  representatives. 

229  Sec.  5.  The  Common  Council  or  Board  of 
Trustees  shall,  within  twenty  days  from  the  filing  of  said 
report,  either  accept  or  reject  the  terms  of  the  same  in  whole 
or  part,  and  all  parties  aggrieved  by  such  report  may  appeal 
therefrom,  at  any  time  within  thirty  days  after  the  filing 
thereof,  to  the  Circuit  Court  of  the  county,  upon  filing  the 


ACTS. 


229 


usual  bond  with  the  Clerk  of  such  city  or  town  for  the  pay- 
ment of  costs,  but  no  such  appeal  shall  prevent  any  such 
city  or  town  from  proceeding  with  said  appropriation,  con- 
struction and  improvement,  as  if  no  appeal  had  been  taken. 
No  other  question  shall  be  determined  than  the  regularity 
of  the  proceedings  in  the  suit,  and  the  amount  of  damages 
sustained. 

230  Sec.  6.  The  Common  Council  of  any  city  or 
incorporated  town,  in  which  water  works  have  been  con- 
structed, or  are  now  in  process  of  construction  or  ex- 
tension, or  where  water  works  shall  hereafter  be  ordered, 
shall  establish  a board  of  three  trustees,  to  be  known  as  the 
Trustees  of  the  Water  Works.  Said  Trustees  shall  be  elected 
at  the  annual  city  election  by  the  qualified  vote  of  such  city 
or  incorporated  town,  and  shall  hold  their  office  for  the  term 
of  three  years ; except,  that  at  the  first  election  under  this 
act,  one  shall  be  chosen  for  one  year,  one  for  two  years,  and 
one  for  three  years,  and  thereafter  one  of  the  Trustees  shall 
be  elected  annually. 

231  Sec.  7.  Said  Trustees  shall  receive  such  com- 
pensation as  the  Common  Council  or  Board  of  Trustees 
may  determine,  and  shall  give  bond,  in  such  sum  as  the 
Common  Council  or  Board  of  Trustees  shall  order,  for  the 
faithful  performance  of  their  duties,  and  the  strict  account- 
ing for  any  funds  that  shall  come  into  their  hands,  and 
they  shall  manage,  conduct  and  control  the  work,  furnish 
supplies  of  water,  collect  water  rents,  appoint  necessary 
officers  and  agents,  and  determine  the  tenure  of  office  and 
amount  of  salaries  of  the  officers  and  agents  so  appointed. 

232  Sec.  8.  Said  Trustees  shall  be  authorized  to 
make  such  by-laws  and  regulations  as  they  may  deem  neces  - 
sary for  the  safe,  economical  and  efficient  management  and 
protection  of  the  water  works,  and  such  by-laws  and  regula- 
tions shall  have  the  same  validity  as  ordinances,  when  not 
repugnant  thereto,  or  to  the  constitution  and  laws  of  the 
State. 

233  Sec.  9.  For  the  purpose  of  paying  the  expenses 
of  managing  and  operating  the  water  works,  the  Trustees 
of  Waterworks  shall  have  power  to  assess  and  collect,  from 


Board  of  Trus- 
tees of  water- 
works, elec- 
tion of  such 
Trustees  and 
their  terms  of 
office. 


Compensation 
of  such  Trus- 
tees and  bond 
of. 


Powers 
and  duties  of 
such 

T rustees. 


By-laws  and 
regulations. 


Water  rents, 
assessment 
and  col- 
lection of. 


230 


LAWS  AND  ORDINANCES. 


Application 
of  surplus 
fund,  after 
paying  ex- 
pense of  op- 
erating 
waterworks. 


Reports, 
monthly  and 
annually, 
shall  be  made 
by  Trustees. 

Money 

collected  for 
waterworks 
purposes 
shall  be  de- 
posited, etc. 

Money  so  de- 
posited, how 
kept  and 
drawn  out. 


Contracts  for 
erection  of 
waterworks 
buildings,  etc. 
Trustees 
authorized  to 
make. 


Ratification  of 
such 

contracts. 


time  to  time,  a water  rent  of  sufficient  amount,  and  in  such 
manner  as  they  may  deem  most  equitable,  upon  all  tenements 
and  premises  supplied  with  water,  and  from  manufacturing 
establishments  and  railroad  shops,  and  for  the  supply  of 
boilers,  locomotive  engines,  and  for  all  other  purposes  tend- 
ing to  increase  the  income  of  the  works. 

234  Sec.  io.  Should  there  be  any  surplus  money 
after  paying  the  expenses  of  operating  the  water  works,  the 
same  may  be  applied  to  the  repair,  enlargement  or  extension 
of  the  works,  or  of  the  reservoirs,  the  payment  of  the  interest 
of  any  loan  made  for  their  construction,  or  for  the  creation 
of  a sinking  fund  for  the  liquidation  of  the  debt. 

235  Sec.  II  The  Trustees  of  the  Water  Works  shall 
make  monthly  reports  to  the  Common  Council  or  Board 
of  Trustees  of  the  receipts  and  disbursements  of  money  be- 
longing to  the  water  works,  and  an  annual  report  of  the 
condition  of  the  same,  and  all  money  collected  for  water 
works  purposes,  they  shall  cause  to  be  deposited  weekly 
with  the  Treasurer  of  the  city  or  town,  and  the  receipt 
therefor  shall  be  by  such  collectors  deposited  with  said 
Trustees  or  their  authorized  agent. 

236  Sec.  12.  All  moneys  so  deposited  shall  be  kept 
a separate  and  distinct  fund,  subject  to  the  order  of  said 
Trustees;  and  all  orders  drawn  by  said  Trustees  on  the 
Treasurer  of  the  city  or  town  shall  be  signed  by  at  least 
two  of  the  Trustees,  and  countersigned  by  the  Clerk  of  the 
water  works. 

237  Sec.  13.  Said  Trustees  shall  be  authorized  to 
make  contracts  for  the  erection  of  water  works  buildings, 
and  construction  of  setting  basins  and  other  appendages, 
and  the  enlargement  and  repairs  thereof ; for  the  purchase 
of  machinery  and  the  manufacture  and  laying  down  of  pipe, 
for  the  furnishing  and  supplying  with  connections  of  all 
necessary  fire  hydrants  for  fire  department  purposes,  and 
for  keeping  the  same  in  repair,  and  for  all  other  purposes 
necessary  to  the  full  and  efficient  management  and  con- 
struction of  the  water  works,  and  such  contracts  shall  be 
subject  to  the  ratification  by  the  Common  Council. 


ACTS. 


231 


238  See.  14.  The  Common  Council  or  Board  of 
Trustees  of  any  city  or  incorporated  town  in  which  water 
works  are  or  may  be  situated,  or  in  ])rocess  of  construction, 
shall  be  authorized  to  appoint  a committee  of  investigation 
of  all  books  and  papers,  together  with  all  matters  pertaining 
to  the  management  of  the  water  works,  at  least  once  a year, 
and  oftener,  if  necessary,  by  reason  of  any  neglect  of  duty, 
or  malfeasance  on  the  part  of  any  officer  of  the  works;  and 
any  officer  of  the  works  found,  by  said  committee,  so  offend- 
ing, shall  be  liable  to  removal  from  office  bv  the  Council. 

239  vSi'X'.  15.  No  charge  shall  be  made  by  the  Trus- 
tees of  the  Water  Works  for  su])])lying  water  for  the  extin- 
guishment of  fires,  for  furnishing  and  su]:)plying  connections 
for  fire  hydrants,  and  kec])ing  the  same  in  rc])air  for  fire 
department  ])ur])oscs ; or  for  the  cleansing  of  market  houses, 
or  for  the  use  of  any  ])ublic  buildings  belonging  to  the  city 
or  town,  or  for  the  flushing  out  of  sewers,  or  other  sanitary 
])urposes. 

240  Si-:c.  16.  All  attachments  of  whatever  nature 
made  to  the  water  ])ipes,  or  other  fixtures  belonging  to  the 
water  works,  and  intended  for  public  use,  shall  be  su1)ject 
to  the  same  supervision,  rules  and  regulations  as  arc  made 
for  the  ])rotection  of  water  works  against  abuse,  destruction 
and  inordinate  or  unnecessary  use  or  waste  of  water ; or 
the  1'rustees  may  make  general  or  s])ecial  rules  and  regula- 
tions for  such  purposes. 

241  Six.  17.  Said  Tru.stees,  before  entering  into 
any  contract  for  work  to  be  done,  shall  cause  two  weeks’ 
notice  to  be  given  in  one  or  more  daily  newspapers  of  gen- 
eral circulation  within  the  city  or  town,  that  proposals  will 
be  received  by  the  Trustees  for  performing  the  work,  or 
the  several  ])arts  of  the  same,  specified  in  said  notice;  and 
the  Trustees  shall  contract  with  the  lowest  bidder,  if,  in 
their  opinion,  said  lowest  bidder  can  he.  depended  on  to  do 
the  work  with  ability,  promptness  and  fidelity,  which  con- 
tract shall  be  subject  to  ratification  of  the  Common  Council 
as  heretofore  provided  ; but  if  such  be  not  tbe  case,  said 
Trustees  may  give  the  contract  to  the  next  lowest  bidder, 
or  decline  to  contract,  and  readvertise.  Or  if  no  daily  news- 


Committee  of 
Investigation 
may  be 
appointed  by 
Common 
Council. 


Party  offend- 
ing may  be 
removed. 


For  what  pur- 
pose no 
charge  shall 
be  made  for 
water  fur- 
nished. 


Attachments 
to  water- 
works subject 
to  same  su- 
pervision, 
rules,  etc.,  as 
the  water- 
works. 


Contracts, 
giving  and 
letting  of  con- 
tracts. 


21 


232 


LAWS  AND  ORDINANCES. 


Contractor 
shall  give 
bond,  etc. 

Trustee  shall 
not  be  a con- 
tractor. 


Tax,  levying 
of,  to  pay 
principal  and 
interest  on 
money  bor- 
rowed, etc. 


Tax  so  levied 
shall  be  a lien 
and  how  col- 
lected. 


Jurisdiction  of 
>city  or  incor- 
porated town, 
owning 
waterworks, 
for  preven- 
tion of  pollu- 
tion of  water. 

Property  and 
water  power 
may  be  con- 
demned in 
certain  cases. 


paper  be  published  in  such  city  or  town,  then  such  notice 
shall  be  published  three  weeks,  consecutively,  in  a weekly 
newspaper  of  general  circulation  within  such  city  or  town. 

242  Sec.  i8.  Said  Trustees  shall  require  bond  to  be 
given,  with  good  and  sufficient  security,  for  the  faithful 
performance  of  the  work ; but  no  member  of  said  Board  of 
Trustees  shall  be  such  security;  nor  shall  any  trustee  be  a 
contractor,  or  in  anywise,  either  directly  or  indirectly,  be 
interested  in  any  such  work  to  be  contracted  for.  Such 
bonds  shall  be  submitted  to  the  Common  Council  for 
approval. 

243  Sec.  19.  For  the  purpose  of  paying  the  prin- 

cipal and  interest  on  the  money  borrowed  for  the  erection 
and  completion  of  any  water  works,  or  for  the  extension 
or  improvement  of  such  works,  a tax  of  sufficient  amount 
shall  be  assessed  on  all  the  taxable  property  of  the  city  or 
incorporated  town,  and  collected  each  and  every  year  in  the 
usual  manner  of  levying  and  collecting  taxes  in  the  city  or 
town : Provided,  always.  The  additional  special  tax  hereby 

authorized  shall  not,  in  any  year,  exceed  fifty  (50)  cents 
on  each  one  hundred  dollars  of  taxable  property  and  one 
dollar  ($1)  on  each  poll. 

244  Sec.  20.  The  said  tax,  when  levied  and  assessed, 
shall  be  a lien  upon  the  property  upon  which  it  is  levied 
and  charged  against  the  owners  thereof,  and  shall  be  placed 
on  the  city  or  town  duplicate  in  a separate  column  thereof, 
and  be  collected  as  other  taxes. 

245  Sec.  21.  The  jurisdiction  of  any  city  or  incor- 

porated town,  owning  water  works,  shall  extend,  for  the 
purpose  of  preventing  and  punishing  any  pollution  of  the 
water,  five  miles  beyond  the  corporation  limits : Provided, 

If  any  person  owning  a water  power  or  mill  property  within 
the  limits  herein  prescribed,  in  the  use  or  management  of 
which  any  stream  is  polluted  to  such  an  extent  that  the 
water  thereof  is  thereby  rendered  unfit  for  use  for  such  city 
purposes,  such  property  or  water  power  may  be  condemned 
for  the  benefit  of  such  city,  but  before  the  same  is  done, 
such  mill  property  shall  be  appraised  by  three  disinterested 
resident  freeholders  of  the  county  in  which  such  property 


ACTS. 


233 


is  situate,  one  of  whom  shall  be  selected  by  such  Trustees, 
one  by  the  owner  of  the  property,  which  two  shall  select  a 
third.  Said  appraisers  shall  appraise  such  property  at  its 
fair  cash  value,  and  upon  the  tender  of  the  same  by  the  city, 
and  refusal  by  the  mill  owner  to  accept  the  value  appraised 
as  aforesaid,  such  business  may  be  enjoined  in  any  court  of 
competent  jurisdiction. 

246  Sec.  22.  All  laws  and  parts  of  laws  in  conflict 
with  this  act  are  hereby  repealed. 

247  Sec.  23.  It  is  hereby  declared  that  an  emer- 
gency exists  for  the  immediate  taking  effect  of  this  act,  and 
the  same  shall  therefore  take  effect  and  be  in  force  from  and 
after  its  passage.  [Approved  March  25,  1879.] 


Proceedings 
in  such 
cases. 


Business  may 
be  enjoined. 


Laws 

repealed. 

Emergency. 


CITY  OF  FORT  WAYNE. 


PART  IV. 


GENERAL  ORDINANCES 

In  Force  October  1,  1900. 


GENERAL  ORDINANCES 


AN  ORDINANCE  authorizing  the  construction  and  opera- 
tion of  the  Citizens  Railroad,  of  Fort  IVayne,  Indiana. 

248  Sec.  I.  Be  it  ordained  by  the  Coninwn  Council 
of  the  City  of  Fort  IVayne,  Indiana,  That  under  and  by 
virtue  of  an  act  of  the  General  Assembly  of  the  State  of 
Indiana,  entitled  “An  act  to  provide  for  the  incorporation  of 
street  railroad  companies,”  approved  June  4th,  1861,  and 
by  virtue  of  the  powers  and  authority  of  the  Common  Coun- 
cil, otherwise  by  law  vested,  consent,  permission  and 
authority  are  hereby  given,  granted  and  duly  vested  unto 
the  company  organized,  with  John  H.  Bass  as  President, 
a body  politic  and  corporate,  by  the  name  of  the  “Citizens’ 
Street  Railroad  Company,  of  Fort  Wayne,  Indiana.”  and 
their  successors,  to  lay  a track  for  passenger  railroad  lines 
with  all  the  necessary  tracks  for  turnouts,  side-tracks  and 
switches  in,  upon  and  along  the  course  of  the  streets  of  the 
City  of  Fort  Wayne,  hereinafter  mentioned;  and  to  keep, 
maintain,  use  and  operate  railroad  cars  and  carriages  for 
the  transportation  of  passengers  thereon. 

249  Sec.  2.  “The  said  company  is  hereby,  as  above 
mentioned,  authorized  to  lay  a track  for  such  railroad  lines 
upon  and  along  the  course  of  said  following  named  streets 
in  said  city,  to-wit : 

“Calhoun  street,  Creighton  avenue,  Wallace  street,  Ham- 
ilton street  and  Lafayette  street,  with  their  crossings  and 
connections.”  [As  amended  November  15,  1871.] 

250  Sec.  3.  The  cars  of  said  company  shall  be 
entitled  to  the  track,  .and  in  all  cases  wherein  any  team  or 
vehicle  shall  meet  or  be  overtaken  by  a car  upon  either  of  the 


Citizens’^ 
Street  RaiL 
road  Com- 
pany. 


Calhoun, 
Creighton, 
Wallace  and 
Hamilton. 


Right  of  way, 
who  has  it. 


Penalty. 


Special  regula- 
tions. 


Gauge  of 
tracks. 

Rate  of  fare. 


Track,  how 
laid. 


Street,  how 
kept  within 
rails. 


Tracks,  when 
laid. 


City  not  liable 
for  damages. 


238  LAWS  AND  ORDINANCES. 

tracks  of  said  railroad,  such  team  or  vehicle  shall  give, way 
to  said  car,  nor  shall  any  person  wilfully  or  maliciously 
obstruct  or  hinder,  or  interfere  with  any  of  said  railroad  cars 
by  placing,  driving  or  stopping,  or  causing  to  be  placed  or 
driven  in  a slow  pace  or  stop,  any  team  or  vehicle  or  other 
obstacle  in,  upon,  across,  along  or  near  the  track  of  said 
railroad  in  said  city,  after  being  notified  by  the  driver  or 
conductor  by  the  ringing  of  the  bell  or  otherwise ; and 
whosoever  shall  wilfully  violate  any  of  the  provisions  of 
this  section  of  this  ordinance  shall,  upon  conviction  thereof, 
before  the  Mayor  of  said  city,  be  fined  in  any  sum  not  less 
than  five  dollars  ($5.00)  nor  more  than  fifty  dollars 
( $so.oo). 

251  Sec.  4.  The  Common  Council  shall  have  the 
])Ower  at  all  times  to  make  such  regulations  as  to  the  rate 
of  speed  as  the  public  safety  and  convenience  may  require, 
end  to  affix  penalties  for  anv  violation  of  such  regulations. 

252  Sec.  5.  All  tracks  of  said  railroad  shall  be  of 
uniform  gauge  not  to  exceed  five  feet  in  width. 

253  Sec.  6.  The  rate  of  fare  upon  any  one  line  or 
route  of  said  railroad  shall  not  exceed  five  (5)  cents  for 
each  passenger. 

254  Sec.  7.  The  track  of  said  railroad  shall  be  laid 
in  such  manner  as  to  be  no  necessary  impediment  to  ordi- 
nary use  of  the  streets  and  the  passage  of  wagons,  car- 
riages and  other  vehicles  upon,  along,  or  across  said  track 
at  any  point  and  in  all  directions. 

254-A  Sec.  8.  “That  said  company  at  all  times 
be  required  to  keep  the  surface  of  the  street  within  the  rails 
and  one  (i)  foot  outside  of  the  rails  in  good  order  and  re- 
pair and  even  with  the  track,  and  all  ice,  filth  and  dirt 
collected  and  removed  from  the  same  at  the  expense  of  the 
company.”  [As  amended  May  27,  1882.] 

255  Sec.  9.  Said  track  shall  be  laid  in  the  center  of 
the  street,  where  the  same  is  practicable,  except  where  a 
double  track  is  contemplated,  in  which  case  the  tracks  may 
be  laid  equal  distances  from  the  center  of  the  street. 

256  Sec.  10.  Said  City  of  Fort  Wayne  shall  not  be 
liable  for  any  damage  occasioned  by  breakage  of  gas  or 


citizens’  street  RAIEROAD  CO. 


239 


water  pipes,  or  any  delay  occasioned  by  construction  of 
sewers,  the  laying  of  gas  or  water  pipes,  or  necessary  re- 
pairs of  same  of  any  street,  unless  there  be  unreasonable 
delay  in  the  performance  of  such  work. 

257  Sec.  II.  The  cars  or  carriages  shall  be  run  upon 
and  along  the  tracks  of  said  railroad  in  conformity  with 
the  following  rules  and  regulations : 

First — No  car  shall  be  drawn  at  greater  speed  than  six 
(6)  miles  an  hour. 

Second — While  cars  are  turning  corners  from  one  street 
to  another,  the  horses  or  mules  shall  not  be  driven  taster 
than  a walk. 

Third — Cars  driven  in  the  same  direction  shall  not  ap- 
proach each  other  nearer  than  a distance  of  two  hundred 
feet,  except  in  case  of  accident,  or  when  cars  are  near  or 
at  a station. 

Fourth — No  car  shall  be  left  standing  on  any  street 
at  any  time  unless  the  same  is  attached  to  a team  or  is 
waiting  for  passengers. 

Fifth — No  car  shall  stop  on  a cross  walk  nor  in  front 
of  an  intersecting  street,  except  to  avoid  collision,  or  prevent 
danger  to  persons  in  the  street,  or  take  on  or  leave  off 
passengers. 

258  Sec.  12.  This  ordinance  shall  take  effect  on  and 
after  legal  publication. 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne  this  loth  day  of  October,  A.  D.  1871. 

F.  P.  RANDALL,  Mayor. 

Attest:  SAM  P.  FREEMAN,  City  Clerk. 


AN  ORDINANCE  entitled  ‘'An  ordinanee  authorizing  the 
eonstruetion  of  the  Citizens  Street  Railroad,  of  Fort 
Wayne,  Indiana  A 

259  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne  (two-thirds  of  the  Council  con- 
curring), That  permission  be  granted  the  Citizens’  Street 
Railroad  Company,  of  Fort  Wayne,  Indiana,  to  use  Maumee 


Cars,  how  ru 


Citizens’ 
Street  Rail- 
road tracks 
on  Maumee 
street. 


240 


I.AWS  AND  ORDINANCES. 


street  of  said  city  for  the  purpose  of  constructing  a track 
thereon  from  Calhoun  street  to  the  car  house  of  said  com- 
pany, to  be  erected  on  said  Maumee  street,  with  all  neces- 
sary switches  and  turnouts  for  the  convenient  operation 
thereof. 

260  Sec.  2.  This  ordinance  to  take  effect  on  and 
after  its  passage  and  legal  publication. 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne,  this  loth  day  of  October,  A.  D.  1871. 

F.  P.  RANDALL,  Mayor. 

Attest : SAM  P.  FREEMAN,  City  Clerk. 


Citizens’ 
Street  Rail- 
road Com- 
pany, West 
Jefferson 
street. 


AN  ORDINANCE  to  extend  the  track  of  the  Citizens' 

Street  Railroad  Company. 

261  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  Citizens’  Street  Rail- 
road Company  be  and  hereby  is  authorized  and  permitted 
to  extend  and  operate  its  track  from  its  present  terminus 
at  the  corner  of  Broadway  and  West  Jefferson  street,  west 
on  Jefferson  street  to  the  intersection  of  Jefferson  street 
and  Garden  street,  together  with  the  necessary  side-tracks 
and  turnouts. 

262  Sec.  2.  This  ordinance  shall  take  effect  from 
and  after  its  passage. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne,  this  28th  day  of  July,  A.  D.  1874. 

C.  A.  ZOLLINGER,  Mayor. 

Attest:  JOHN  M.  GODOWN,  City  Clerk. 


Citizens’ 
Street  Rail- 
road Com- 
pany. 


AN  ORDINANCE  concerning  the  Citizens’  Street  Railroad 
Company. 

263  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  Section  of  an  ordi- 

nance, entitled  “An  ordinance  to  extend  the  Citizens’  Street 
railroad,”  passed  February  24th,  1874,  be  so  amended  as 
to  read  as  follows : 


citizens’  street  railroad  CO. 


241 


Be  it  ordained  by  the  Common  Council  of  the  City  of 
Fort  Wayne,  That  the  Citizens’  Street  Railroad  Company, 
of  Fort  Wayne,  be  and  is  hereby  authorized  and  permitted 
to  lay  down  and  extend  and  to  use  and  maintain  her  tracks 
with  all  necessary  switches  and  turnouts  on  Jefferson 
street  east  to  Harmer  street,  thence  north  on  Harmer  street 
to  Washington  street,  thence  east  on  Washington  street 
to  Glasgow  avenue. 

264  Sec.  2.  All  ordinances  and  parts  of  ordinances 
in  conflict  with  the  provisions  of  this  ordinance,  or  any 
of  the  provisions  thereof,  be  and  the  same  are  hereby 
repealed. 

265  Sec.  3.  This  ordinance  to  take  effect  and  be  in 
force  from  and  after  its  passage. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne,  this  27th  day  of  October,  1874. 

C.  A.  ZOLLINGER,  Mayor. 

Attest : JOHN  M.  GODOWN,  City  Clerk. 


AN  ORDINANCE  aiithorij:ing  the  use  and  occupation  of 
Superior  street,  in  the  City  of  Fort  Wayne,  from  its 
east  end  to  the  east  line  of  Calhoun  street,  by  Charles  L. 
Ccntlivrc,  for  a Street  Railroad. 

266  Sec.  i.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  upon  the 
conditions  hereinafter  named,  to  Charles  L.  Centlivre,  his 
successors  or  assigns,  as  hereinafter  provided,  to  lay  a 
street  railroad  track  for  passenger  line  upon  and  along 
Superior  street,  from  its  east  terminus  to  the  east  line  of 
Calhoun  street.  Said  track  shall  be  of  uniform  gauge  and 
shall  not  to  exceed  four  feet  and  nine  inches  in  width,  and 
shall  be  laid  in  the  center  of  the  street,  and  the  center  of 
said  street  shall  be  ascertained  by  measuring  from  the  lines 
of  the  lots  abutting  on  said  street. 

267  Sec.  2.  The  consent  and  permission  in  this  or- 
dinance granted  and  vested  unto  said  Centlivre  are  upon 
the  conditions  hereinafter  specifled. 


Tracks  on  Jef- 
ferson and 
Washington 
streets. 


C.  L.  Centlivre 
Street  Rail- 
road, Su- 
perior street. 


242 


T^AWS  AND  ORDINANCKS. 


Pavement, 
extent  of. 


Repaving, 

when. 


Repairs. 


Rails,  kind. 


Condition  of 
repairs. 


268  Sec.  3.  The  said  Centlivre  is  to  lay  said  track 

upon  a grade  given  by  the  City  Civil  Engineer  of  said  city, 
and  said  Centlivre  is  to  pave  with  cobble  stone  at  the  time 
said  track  is  laid,  all  that  portion  of  said  street  as  lies  be- 
tween the  rails  of  said  track  at  his  own  expense  .and  to 
the  satisfaction  of  the  City  Civil  Engineer  and  the  Common 
Council  of  said  city,  and  the  same  is  to  be  kept  in  repair 
and  maintained  to  the  satisfaction  of  said  Engineer  and 
Common  Council,  by  and  at  the  expense  of  the  said  Cent- 
livre : Provided,  That  after  the  expiration  of  ten  years 

from  the  time  of  first  laying  said  track  the  said  Centlivre 
will,  if  so  ordered  by  said  Common  Council,  remove  at  his 
own  expense  said  cobble  stones  and  pave  the  same  with  such 
material  as  the  Common  Council  shall  order,  at  his  own 
expense,  and  keep  and  maintain  the  same  likewise,  all  of 
which  is  to  be  done  to  the  satisfaction  of  the  City  Civil 
Engineer  and  the  Common  Council : Provided,  further, 

however.  That  the  said  Centlivre  shall  not  be  required  to 
build  a more  expensive  pavement  for  his  portion  than  is 
provided  for  the  balance  of  said  street,  if  other  than  cobble 
stone  is  required  of  him.  Said  Centlivre  shall  not  be  re- 
quired to  build  any  other  portion  of  said  street  than  is  speci- 
fied above,  except  that  he  shall  maintain  and  keep  in  repair 
after  the  same  shall  have  been  built  or  repaired,  said  street 
to  a distance  of  twelve  inches  from  the . outside  of  each 
rail  of  said  track,  to  be  so  kept  and  maintained  by  said 
Centlivre  at  his  own  expense  and  to  the  satisfaction  of  the 
City  Civil  Engineer  and  Common  Council. 

269  Sec.  4.  The  rails  constituting  said  track  shall 
be  the  modern  improved  rail,  not  less  than  thirty  pounds 
in  weight  to  the  yard,  and  to  be  satisfactory  to  the  Mayor 
and  Common  Council  of  said  city,  and  none  of  the  rails 
upon  said  track  shall  be  laid  above  the  level  of  the  surface 
of  the  street. 

270  Sec.  5.  Said  Centlivre  shall  keep  the  track  in 
such  condition  that  it  shall  not  at  ^ny  time  be  above 
the  surface  of  said  street,  so  that  vehicles  can  easily  and 
freely  at  all  times  cross  said  tracks  at  all  points  in  any 
direction  without  interference  or  obstruction,  and  if  said 


citizens’  street  railroad  CO. 


243 


Centlivre  should  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  section,  the  Common  Council  shall  cause  a 
notice,  fixing  a time,  which  shall  not  be  less  than  five  days, 
within  which  said  Centlivre  shall  place  said  track  or  part 
thereof  in  the  condition  required  by  this  ordinance,  and  if  the 
said  Centlivre  shall  within  the  time  so  fixed  by  the  Common 
Council  fail  so  to  do,  said  Centlivre  shall  forfeit  and  pay  to 
said  city  twenty-five  dollars  ($25)  for  each  day  of  such 
neglect  and  failure,  after  the  expiration  of  said  day  so  fixed 
by  said  Common  Council  and  notice  thereof,  and  the  City 
Attorney  shall,  upon  the  order  of  the  Common  Council, 
prosecute  such  forfeiture  to  judgment  and  execution  in 
any  court  of  competent  jurisdiction. 

271  Sec.  6.  The  Common  Council  shall  have  the 
power  at  all  times  to  make  such  regulations  as  to  the  use 
of  cars  and  the  rate  of  speed  as  public  health,  safety  and 
convenience  may  require.  The  cars  upon  said  track  shall 
be  moved  or  operated  l)v  animal  power  only.  Cars  shall 
run  upon  said  track  from  6 o’clock  a.  :m.  until  ii  o’clock 
p.  M.  of  each  and  every  day,  and  not  to  exceed  twentv 
minutes  apart  in  each  direction. 

272  Sec.  7.  1 he  cars  of  said  Centlivre  shall  be  en- 

titled to  the  track  in  all  cases ; whenever  any  team  or  vehicle 
shall  meet  or  be  overtaken  by  a car,  such  team  and  vehicle 
shall  give  way  to  said  car:  nor  shall  any  person  willfully 
or  purposely  obstruct  or  interfere  with  any  of  the  cars  bv 
driving  or  stopping,  or  causing  to  be  placed  or  driven  in 
a slow  pace,  or  stopped  by  any  team,  vehicle  or  other  ob- 
stacle, in,  upon,  or  along,  across  or  near  the  track  of  said 
line,  after  being  notified  by  the  driver  or  the  ringing  of  the 
bell  or  otherwise,  and  any  person  violating  this  section  shall, 
upon  conviction,  forfeit  and  pay  a fine  to  said  city  of  not  to 
exceed  one  hundred  dollars  ($100). 

273  Sec  8.  It  shall  be  lawful  for  the  citv  to  ex- 
cavate, or  cause  to  be  excavated,  said  streets,  when  the  same 
shall  be  necessary  for  public  purposes,  and  in  case  the  same 
is  done,  it  shall  be  the  duty  of  said  Centlivre,  his  heirs  or 
assigns,  to  protect  his  own  property  and  rights  as  best  he 
can  pending  such  excavation. 


Notice. 


Failure  to  re- 
pair, 

Penalty. 


Speed  regu- 
lations. 


Right  of  way, 
who  has  it. 


Excavation  by 
city. 


244 


LAWS  AND  ORDINANCES. 


Repairs, 
street,  how 
left. 


City  indemni- 
fied. 


Bond. 


Conditions  of 
ordinance. 


274  Sec.  9.  And  in  laying  or  repairing  such  track, 
or  any  part  thereof,  it  shall  be  the  duty  of  said  Centlivre 
to  leave  that  portion  of  said  street  to  be  maintained  by  the 
city  in  as  good  condition  as  the  same  was  before  the  laying 
or  relaying  of  such  tracks  or  parts  thereof  by  said  Centlivre. 

275  Sec.  10.  That  said  Centlivre  shall  forever  in- 
demnify and  save  harmless  the  said  city  of  Fort  Wayne 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same,  which  it  may 
suffer  or  which  may  be  recovered  or  obtained  against  it,  for 
or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance  or  any  matter  or  thing  connected 
therewith,  or  by  the  exercise  by  the  said  Centlivre  of  the 
privileges  hereby  granted,  or  from  any  acts  by  said  Cent- 
livre, his  servants  or  agents,  under  or  by  virtue'  of  the 
provisions  of  this  ordinance. 

276  Sec.  II.  The  said  Charles  L.  Centlivre  shall 
enter  into  a good  and  sufficient  bond  with  said  city  in  the 
penal  sum  of  five  thousand  dollars  ($5,000)  for  the  faithful 
performance  of  all  the  terms  and  conditions  contained  in 
this  ordinance,  and  that  said  track  shall  be  constructed, 
completed  and  maintained  as  herein  provided. 

277  Sec.  12.  That  this  ordinance  when  passed  shall 
be  considered  as  passed  and  valid  upon  conditions  only  that 
said  Charles  L.  Centlivre  shall  have  the  whole  of  said 
tracks,  paving,  grading,  and  all  work  connected  therewith, 
completed  on  or  before  the  14th  day  of  September,  1888, 
else  said  ordinance  shall  be  deemed  wholly  null  and  void. 

278  Sec.  13.  Done  at  the  Council  Chamber  of  the 
City  of  Fort  Wayne,  this  13th  day  of  September,  A.  D.  1887. 

CHARLES  F.  MUHLER,  Mayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AN  ORD] NANCE  relating  to  the  use  of  Calhoun  street  by 
the  Citizens  Street  Railroad  Company,  of  Fort  Wayne, 
Indiana. 

279  Sec.  I.  Be  is  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  consent  and  authority  are 


1 


citizens’  street  kaieroad  CO.  245 

hereby  given,  granted  and  vested,  upon  the  conditions  here- 
inafter named,  unto  the  company  organized  as  a body  politic 
and  corporate  by  tlie  name  of  “The  Citizens’  Street  Rail- 
road Company,  of  Fort  Wayne,  Indiana,”  and  its  successors, 
to  lay  a double  track  for  passenger  railroad  lines  upon  and 
along  Calhoun  street,  from  its  crossing  with  the  right  of  way 
of  the  Pittsburg,  Fort  Wayne  & Chicago  Railway  to  the 
center  line  of  INIain  street.  Both  of  said  tracks  shall  be  of  uni- 
form gauge  and  not  to  exceed  four  feet  and  nine  inches  in 
width.  Said  tracks  must  be  laid  an  equal  distance  from 
the  center  of  said  street,  and  not  more  than  three  feet  and 
six  inches  apart,  and  the  center  of  the  street  shall  be  ascer- 
tained by  measuring  from  the  lines  of  the  lots  abutting  upon 
said  street,  and  not  later  than  the  general  improvement  of 
said  Calhoun  street. 

280  Sec.  2.  The  consent,  jiermission  and  authority 
in  this  ordinance  granted  and  vested  in  said  company, 
are  upon  the  conditions  hereinafter  specified  in  the  following- 
sections. 

281  Sec.  3.  The  said  railroad  company  is  to  lay 

sa'  4 tracks  on  said  street,  between  said  points,  upon  a grade 
to  be  given  by  the  City  Civil  Engineer  of  said  cit.v,  and  said 
company  is  to  pave  with  cobble  stone  at  the  time  said  tracks 
are  laid  all  that  portion  of  Calhoun  street  as  lies  between 
the  rails  of  each  of  said  tracks,  as  well  as  that  portion  of 
said  street  as  lies  between  said  tracks,  at  its  own  expense 
and  to  the  satisfaction  of  the  City  Civil  Engineer  and  the 
Common  Council  of  said  city,  and  the  same  is  to  be  kept 
in  repair  and  maintained  to  the  satisfaction  of  said  Engineer 
and  Common  Council  by  and  at  the  expense  of  said  corn- 
pan}  . Provided,  That  after  the  expiration  of  ten  years  from 
the  time  of  first  laying  said  tracks  the  said  company  will,  if 
so  ordered  by  said  Common  Council,  remove  at  its 
own  expense  said  cobble  stone,  and  pave  the  same  with  such 
material  as  the  Common  Council  shall  order,  at  its  own  ex- 
pense, and  keep  and  maintain  the  same  likewise.  All  of 
which  is  to  be  done  to  the  satisfaction  of  the  City  Civil 
Engineer  and  the  Common  Council : Provided,  however. 

That  the  said  company  shall  not  be  required  to  build  a more 


Citizens’^ 
Street  Rail- 
road Com- 
pany, double 
track,  Cal- 
houn street. 


Tracks,  how 
located. 


.To  pave  with 
cobble  stone. 


To  keep  in  re- 
pair. 


Repave,  when. 


22 


246 


LAWS  AND  ORDINANCES. 


Rails,  kind. 


Rails,  at  grade 
of  street. 


Notice 
to  repair. 


Failure, 

penalty. 


Regulations, 
cars  and 
speed. 


expensive  pavement  for  its  portion  than  is  provided  for  the 
balance  of  said  street,  if  other  than  cobble  stone  is  required 
of  it,  said  company  shall  not  be  required  to  build  or  main- 
tain any  other  portion  of  said  street  than  specified  above, 
except  that  it  shall  maintain  and  keep  in  repair  after  the 
same  shall  have  been  built  or  repaired  said  street  to  a 
distance  of  twelve  inches  from  the  outer  rails  of  each  track, 
to  be  so  kept  and  maintained  in  repair  by  said  company  at 
its  expense  and  of  the  same  material  and  to  the  satisfaction 
of  the  said  Common  Council. 

282  Sec.  4.  The  rails  constituting  said  tracks  shall 
l)e  the  modern  improved  rail,  not  less  than  thirty  pounds 
in  weight,  and  to  be  satisfactory  to  the  Mayor  and  Common 
Council  of  said  city.  And  none  of  said  rails  on  said  tracks 
shall  be  laid  above  the  level  of  the  surface  of  the  street. 

283  Sec.  5.  Said  company  shall  keep  the  said  tracks 
in  such  a condition  as  that  they  shall  not  at  any  time  be 
elevated  above  the  surface  of  said  street,  so  that  vehicles 
can  easily  and  freely  at  all  times  cross  said  tracks,  at  all 
points,  in  any  direction,  without  interference  or  obstruction. 
And  if  said  company  shall  fail  or  neglect  to  comply  with  the 
provisions  of  this  section,  the  Common  Council  .shall  cause 
a notice  fixing  a time,  which  shall  not  be  less  than  five  days, 
within  which  said  company  shall  place  said  tracks  or  parts 
of  tracks  in  the  condition  required  by  this  ordinance.  And 
if  said  company  shall,  within  the  time  so  fixed  by  the  Com- 
mon Council,  fail  so  to  do,  said  company  shall  forfeit  and 
pay  to  said  city  twenty-five  dollars  ($25.00)  for  every  day 
of  such  neglect  and  failure  after  the  expiration  of  said  time 
as  fixed  by  said  Common  Council.  And  the  City  Attorney 
shall,  upon  order  of  the  Common  Council,  prosecute  such  a 
forfeiture  to  judgment  and  execution  in  any  court  of  com- 
petent jurisdiction. 

284  Sec.  6.  The  Common  Council  shall  have  the 

power  at  all  times  to  make  such  regulations  as  to  the  use 
of  cars,  and  the  rate  of  speed,  as  public  health,  safety  and 
convenience  may  require,  d he  cars  upon  said  track  shall 
be  moved  or  operated  by  animal  power  only.  Cars  shall 
run  upon  said  tracks  from  6 o’clock  a.  m.  until o’clock 


citizens’  street  RAIEROAD  CO. 


247 


p.  M.  of  each  and  every  day,  and  not  to  exceed  ten  minutes 
apart  in  each  direction. 

285  Sec.  7.  The  cars  of  said  company  shall  be  en- 
titled to  the  track  in  all  cases  whenever  any  team  or  vehicle 
shall  meet  or  be  overtaken  by  a car.  Such  team  or  vehicle 
shall  give  way  to  said  car,  nor  shall  any  person  wilfully  or 
purposely  obstruct  or  interfere  with  any  of  the  cars  by 
driving  or  stopping,  or  causing  to  be  placed  or  driven  in  a 
slow  pace  or  stopped,  any  team  or  vehicle  or  other  obstacle 
in,  upon,  along  or  across  or  near  the  tracks  of  said  line  after 
being  notified  by  the  driver  or  the  ringing  of  the  bell  or 
otherwise.  And  any  person  violating  this  section  shall,  upon 
conviction,  forfeit  and  pay  a fine  to  said  city  of  not  to  ex- 
ceed one  hundred  dollars  ($100.00.) 

286  Sec.  8.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  street,  when  the  same 
shall  be  necessary  for  a public  purpose,  and'  in  case  the  same 
is  done  it  shall  be  the  duty  of  said  company  to  protect  its 
own  property  and  rights  as  best  it  can  pending  such  ex- 
cavation. 

287  Sec.  9.  And  in  laying  or  repairing  any  such 
tracks  or  parts  of  tracks,  it  shall  be  the  duty  of  said  company 
to  leave  that  portion  of  said  street  to  be  maintained  by  the 
city  in  as  good  condition  as  the  same  was  before  the  laying 
or  repairing  of  such  tracks  or  parts  of  tracks  by  said 
company. 

288  Sec.  10.  That  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same  which  it  may  suffer, 
or  which  may  be  recovered  or  obtained  against  it,  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected^there- 
with,  or  by  the  exercise  by  the  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  by  said  company, 
its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance,  which  said  ordinance  is  granted  upon  the 
express  condition  that  the  said  company  will  pay  all  dam- 
ages to  owners  of  property  abutting  about  or  upon  such  por- 


Time  of  run- 
ning. 

Who  has  right 
of  way  of 
track. 


Penalty. 


City,  right  to 
excavate  in 
street. 


Laying 

and  repairing 
tracks. 


Indemnify  city 
against  loss. 


248 


LAWS  AND  ORDINANCES. 


Bond. 


Citizens’ 
Street  Rail- 
road Com- 
pany. 


Calhoun,  Su- 
perior, Weils 
and  Cass, 
single  track. 


Track,  kind  to 
be  laid. 


tion  or  parts  of  Calhoun  street,  upon  or  over  which  the 
track  herein  named  are  to  be  laid,  which  said  owners  may 
sustain  by  reason  of  the  location,  construction  or  operation 
of  said  railroad. 

289  Sec.  II.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city  in  the  penal  sum 
of  five  thousand  dollars  ($5,000)  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  contained  in  this 
ordinance.  And  that  said  tracks  shall  be  laid  and  said  lines 
constructed  and  completed  as  herein  provided. 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne,  this  14th  day  of  December,  1886. 

Charles  f.  .aiuhler,  Aiayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AX  ORDINAXCE  authoriXing  the  use  and  oceiipation  of 
certain  streets  therein  named  by  the  Citizens  Street 
Railroad  Company,  of  Fort  JVayne,  Indiana. 

290  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  JVayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  upon  the 
conditions  hereinafter  named  unto  the  company  organized 
as  a body  politic  and  corporate  by  the  name  of  the  “Citi- 
zens’ Street  Railroad  Company,  of  Fort  Wayne,  Indiana,” 
and  its  successors  and  assigns,  to  lay  a street  railroad 
track  for  passenger  railroad  line  upon  and  along  the  fol- 
lowing named  streets,  to-wit : 

Calhoun  street,  from  Main  street  north  to  Superior 
street : on  Superior  street,  from  Calhoun  street  west  to 
ATlls  street:  on  said  Wells  streets,  from  Superior  street 
north  to  Cass  street : on  said  Cass  street,  from  Wells 
street  north  to  Third  street : on  said  Third  street,  from  Cass 
street  west  to  Wells  street.  Said  track  shall  be  of  uniform 
gauge  and  not  to  exceed  four  feet  and  nine  inches  in  width, 
and  shall  be  laid  in  the  center  of  said  streets,  and  the  center 
of  the  streets  shall  be  ascertained  by  measuring  from  the 
lines  of  the  lots  abutting  upon  said  streets.  And  like 


citizens’  street  railroad  CO. 


249 


consent  and  permission  is  granted  and  vested  in  said  com- 
])any  to  lay  a side-track  upon  Cass  street,  lietween  First 
street  and  a point  upon  Cass  street  not  nearer  than  seventy- 
five  feet  north  of  the  bridge  over  the  St.  iNlary’s  river,  and 
at  such  other  points  on  said  line  as  the  Common  Council  ma> 
by  ordinance  authorize. 

291  Sec.  2.  The  consent,  permission  and  authority 
in  this  ordinance  granted  and  vested  in  said  company  and 
upon  the  conditions  hereinafter  specified. 

292  Sec.  3.  The  said  com])any  is  to  lay  said  track  Pavement,  ex* 
and  side-track  upon  a grade  to  be  given  by  the  City  Civil 

Engineer  of  said  city,  and  said  company  is  to  pave  with 
cobble  stone,  at  the  time  said  track  and  side-track  are  laid, 
all  that  portion  of  said  street  as  lies  between  the  rails  of 
said  track,  as  well  as  the  space  between  said  track  and  side- 
track, at  its  own  expense  and  to  the  satisfaction  of  the  City 
Civil  Engineer  and  the  Common  Council  of  said  city,  and 
the  same  is  to  be  kept  in  re])air  and  maintained  to  the  satis- 
faction of  said  Engineer  and  Common  Council  by  and  at 
the  expense  of  said  company : Provided,  That  after  the 

expiration  of  ten  years  from  the  time  of  first  laying  said 
tracks  the  said  company  will,  if  so  ordered  by  said  Common 
Council,  remove  at  its  own  expense  said  cobble  stones  and 
pave  the  same  with  such  material  as  the  Common  Council 
shall  order,  at  its  own  expense,  and  keep  and  maintain  the 
same  likewise,  all  of  which  is  to  be  done  to  the  satisfaction 
of  the  Common  Council  and  City  Civil  Engineer:  Provided, 
further,  however.  That  the  said  company  shall  not  be  re- 
quired to  build  a more  expensive  pavement  for  its  portion 
than  is  provided  for  the  balance  of  said  street,  if  other  than 
cobble  stone  is  required  of  it.  Said  company  shall  not  be 
required  to  build  or  maintain  any  other  portion  of  said 
street  than  is  specified  above,  except  that  it  shall  maintain 
and  keep  in  repair,  after  the  same  shall  have  been  built  or 
repaired,  said  street  to  a distance  of  twelve  inches  from  the 
outside  of  each  rail  of  said  track  and  side-track,  to  be  so 
maintained  and  kept  in  repair  by  said  company  at  its  own 
expense  and  to  the  satisfaction  of  the  City  Civil  Engineer 
and  Common  Council. 


250 


LAWS  AND  ORDINANCES. 


Kind  of  rail. 


Track,  how 
laid  and 
maintained. 


Neglect  to  re- 
pair. 


Penalty. 

St.  Mary’s 
river  bridge, 
laying  of 
track  across. 


Fares 

and  transfers. 


293  Sec.  4.  The  rails  constituting  said  track  and 
side-track  shall  be  the  modern  improved  rail,  not  less  than 
thirty  pounds  in  weight  per  yard,  and  to  be  satisfactory  to 
the  Mayor  and  Common  Council  of  said  city,  and  none  of 
the  rails  upon  said  track  or  side-track  shall  be  laid  above 
the  level  of  the  surface  of  the  street. 

294  Sec.  5.  Said  company  shall  keep  the  said 
tracks  in  such  condition  that  it  shall  not  at  any  time  be 
above  the  surface  of  said  streets,  so  that  vehicles  can  easily 
and  freely  at  all  times  cross  said  tracks  at  all  points,  in  any 
direction,  without  interference  or  obstruction,  and  if  said 
company  should  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  section,  the  Common  Council  shall  cause  a 
notice,  fixing  a time,  which  shall  be  not  less  than  five  days, 
within  which  time  said  company  shall  place  said  track  or 
part  thereof  in  the  condition  required  by  this  ordinance, 
and  if  said  company  shall,  within  the  time  so  fixed  by  the 
Common  Council,  fail  so  to  do,  said  company  shall  forfeit 
and  pay  to  said  city  twenty-five  dollars  ($25.00)  for  each 
day  of  such  neglect  and  failure  after  the  expiration  of  said 
day  as  fixed  by  said  Common  Council  and  notice  thereof, 
and  the  City  Atttorney  shall,  upon  the  order  of  the  Common 
Council,  prosecute  such  forfeitures  to  judgment  and  execu- 
tion in  any  court  of  competent  jurisdiction. 

295  Sec.  6.  And  the  privileges  by  said  city  granted 
are  upon  the  further  agreement  that  said  company,  in  the 
laying  of  its  track  over  and  across  the  bridge  over  the  St. 
Mary's  river  at  the  junction  of  Wells  and  Cass  streets,  will 
do  said  work  under  plans  and  specifications  to  be  furnished 
by  the  City  Civil  Engineer  and  approved  by  the  Common 
Councihs  Committee  on  Streets,  and  will  take  up  and  relay 
the  same  at  any  time  and  at  its  own  expense,  when  ordered 
so  to  do  by  the  Common  Council,  for  the  safety  of  said 
bridge  or  for  the  convenience  of  the  citizens  using  it. 

296  Sec.  7.  And  the  privileges  herein  granted  to 
said  company  are  upon  the  further  condition,  that  any  ^ 
passenger  having  paid  fare  upon  said  line  herein  named  may, 
without  extra  charge,  travel  to  his  destination  upon  any 
other  line  of  said  company  whose  car  shall  make  imme- 


FORT  WAYNE  STREET  RAILROAD  CO. 


251 


diate  connection  with  the  car  upon  said  first  line  named ; and 
likewise  shall  passengers  from  other  lines  operated  by  said 
company  be  entitled  to  take  passage  upon  any  car  making 
immediate  connection  therewith  on  said  first  named  line 
without  paying  extra  fare.  By  this  section  the  said  company 
is  not  bound  to  make  immediate  connection,  but  if  the  cars 
,.-mpon  the  dilferent  lines  do  make  immediate  connections, 
jr  then  one  fare  shall  pav  for  a continuous  trip. 

297  Sec.  8.  The  Common  Council  shall  have  the 
power  at  all  times  to  make  such  regulations  as  to  the  use 
of  cars  and  the  rate  of  speed,  as  public  health,  safety  and 
convenience  may  require.  The  cars  upon  said  track  shall 
be  moved  or  operated  by  animal  power  only.  Cars  shall 

run  upon  said  track  from  6 o’clock  a.  m.  until  o’clock 

p.  M.  of  each  and  every  day,  and  not  to  exceed  twenty  min- 
utes apart  in  each  direction. 

298  Sec.  9.  The  cars  of  said  company  shall  be 
entitled  to  the  track  in  all  cases ; whenever  any  team  or 
vehicle  shall  meet  or  be  overtaken  by  a car,  such  team  or 
vehicle  shall  give  way  to  said  car ; nor  shall  any  person  wil- 
fully or  purposely  obstruct  or  interfere  with  any  of  the  cars 
by  driving  or  stopping  or  causing  to  be  placed  or  driven 
in  a slow  pace,  or  stopped,  any  team  or  vehicle  or  other  ob- 
stacle in,  upon,  along  or  across  or  near  the  tracks  of  said 
line  after  being  notified  by  the  driver,  or  the  ringing  of  the 
bell,  or  otherwise,  and  any  person  violating  this  section  shall, 
upon  conviction,  forfeit  and  pay  a fine  to  said  city  of  not  to 
exceed  one  hundred  dollars  ($100.00.) 

299  Sec.  10.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  streets  when  the  same 
shall  be  necessary  for  public  purposes,  and  in  case  the  same 
is  done,  it  shall  be  the  duty  of  said  company  to  protect  its 
own  property  and  right  as  best  it  can  pending  such  ex- 
cavation. 

300  Sec.  II.  And  in  laying  or  repairing  such  track, 
or  any  part  thereof,  it  shall  be  the  duty  of  said  company 
to  leave  that  portion  of  said  streets  to  be  maintained  by 
the  city  in  as  good  condition  as  the  same  was  before  the 
laying  or  relaying  of  such  track,  or  parts  thereof,  by  said 
company. 


Speed,  reguta- 
tion. 


Time 

of  running. 


Right  of  way. 


Penalty. 


City  excava- 
tions. 


Repair. 


252 


LAWS  AND  ORDINANCES. 


(City  indemnity 


Bond. 


Time  to  be 
completed. 


Tort  Wayne 
Street  Rail- 
road Com- 
pany. 


301  Sec.  12.  That  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same,  which  it  may  suffer, 
or  which  may  be  recovered  or  obtained  against  it  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  here- 
with, or  by  the  exercise  by  the  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  by  said  company, 
its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

302  Sec._I3.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city,  in  the  penal  sum 
of  five  thousand  dollars  ($5,000.00)  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  contained  in  this 
ordinance,  and  that  said  track  shall  be  constructed  and  com- 
pleted as  herein  provided. 

303  Sec.  14.  That  this  ordinance  when  passed  shall 
be  considered  as  passed  and  valid  upon  condition  only ; that 
the  whole  of  said  track,  paving  and  grading  and  all  work 
connected  therewith  be  completed  on  or  before  the  25th 
day  of  August,  1887,  else  said  ordinance  shall  be  wholly  null 
and  void.  [As  amended  August  9th,  1887.] 

Done  at  the  Council  Chamber  this  24th  (Fv  of  Ma} , 
1887. 

CHARLES  F.  MUHLER,  Mayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AN  ORDI N ANC E authorizing  the  use  and  oeeupation  of 
eertain  streets  therein  named  by  the  Fort  Wayne  Street 
Railroad  Company,  of  Fort  Wayne,  Indiana. 

304  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested,  upon  the 
conditions  hereinafter  named,  unto  the  company  organized 
as  a body  politic  and  corporate,  by  the  name  of  the  “Fort 
Wayne  Street  Railroad  Company,  of  Fort  Wayne,  Indiana,” 


FORT  WAYNE  STREET  RAILROAD  CO. 


253 


and  its  successors  or  assigns,  to  lay  a street  railroad  track, 
with  all  necessary  turnouts,  side-tracks  and  switches,  for 
passenger  railroad  lines,  upon  and  along  the  following 
named  streets,  to-wit: 

Commencing  on  Broadway  and  Jefferson  street,  thence 
south  on  Broadway  to  Creighton  avenue,  thence  east  on 
Creighton  avenue  to  Fairfield  avenue.  Said  track  shall  be 
of  uniform  gauge  and  not  to  exceed  four  feet  and  nine  inches 
in  width,  and  must  be  laid  an  equal  distance  from  the  center 
of  said  streets,  and  the  center  of  the  streets  shall  be  ascer- 
tained by  measuring  from  the  lines  of  the  lots  abutting  upon 
said  street. 

305  Sec.  2.  The  consent,  permission  and  authority 
in  this  ordinance,  granted  and  vested  in  said  company,  are 
upon  the  conditions  hereinafter  specified  in  the  following 
sections. 

306  Sec.  3.  The  said  railroad  company  is  to  lay  said 

track  on  said  street  between  said  points,  upon  a grade  to 
be  given  by  the  City  Civil  Engineer  of  said  city,  and  said 
company  is  to  pave  with  cobble  stone,  at  the  time  said  tracks 
are  laid,  all  that  portion  of  said  streets  as  lies  between  the 
rails  of  said  tracks,  at  its  own  expense  and  to  the  satis- 
faction of  the  City  Civil  Engineer  and  the  Common  Council 
of  said  city,  and  the  same  is  to  be  kept,  and  also  twelve 
inches  from  the  outside  of  each  rail  of  said  track,  in  repair 
and  maintained  to  the  satisfaction  of  said  Engineer  and 
Common  Council,  by  and  at  the  expense  of  said  company : 
Provided,  That  after  the  expiration  of  ten  years  from  the 
time  of  first  laying  said  track  the  said  company  shall,  if  so 
ordered  by  said  Common  Council,  remove,  at  its  own  ex- 
pense, said  cobble  stone,  and  pave  the  same  with  such  ma- 
terial as  the  Common  Council  shall  order,  at  its  own  expense, 
and  keep  and  maintain  the  same  likewise,  all  of  which  is  to  be 
done  to  the  satisfaction  of  the  City  Civil  Engineer  and  the 
Common  Council : Provided,  however.  That  the  said  com- 

pany shall  not  be  required  to  build  a more  expensive  pave- 
ment for  its  portion  than  is  provided  for  the  balance  of  said 
street,  if  other  than  cobble  stone  is  required  of  it.  Said  com- 
pany shall  not  be  required  to  build  or  maintain  any  other 


Extent  of  per- 
mission 
granted. 


Track  width, 
where  located 


Tracks,  grade 
of. 


Pavement,  ex- 
tent of. 


Repavement,. 

when. 


254 


LAW.S  AND  ORDINANCES. 


portion  of  said  street  than  specified  above,  except  that  it 
shall  maintain  and  keep  in  repair,  after  the  same  shall  have 
been  built  or  repaired,  said  street  to  a distance  of  twelve 
inches  from  the  outside  of  each  rail  of  said  track,  to  be  so 
kept  and  maintained  in  repair  by  said  company,  at  its  own 
expense,  to  the  satisfaction  of  said  Common  Council. 


Rails,  kind. 


Condition  of 
repairs. 


Notice  to 
repair,  time. 


Failure  to  re- 
pair, penalty. 


Speed  of  cars, 
regulation  of. 


Right  of  way, 
who  entitled. 


307  Sfx.  4.  The  rails  constituting  said  tracks  shall 
be  the  modern  improved  rails,  not  less  than  thirty  pounds 
in  weight,  and  to  be  satisfactory  to  the  iMayor  and  Common 
Council  of  said  city,  and  none  of  the  rails  of  said  track  shall 
be  laid  above  the  level  of  the  surface  of  the  street. 

308  Sec.  5.  Said  company  shall  keep  the  said  track 
in  such  condition  that  it  shall  not  at  any  time  be  above  the 
surface  of  said  street,  so  that  vehicles  can  easily  and  freely 
at  all  times  cross  said  track,  at  all  points,  in  any  direction, 
without  interference  or  obstruction,  and  if  said  company 
shall  fail  or  neglect  to  comply  with  the  provisions  of  this 
section,  the  Common  Council  shall  cause  a notice,  fixing 
the  time,  which  shall  not  be  less  than  five  days,  within 
which  time  said  company  shall  place  said  track,  or  part 
thereof,  in  the  condition  required  by  this  ordinance,  and  if 
said  company  shall,  within  the  time  so  fixed  by  the  Common 
Council,  fail  so  to  do,  said  company  shall  forfeit  and  pay 
to  said  city  twenty-five  dollars  ($25.00)  for  every  day  of 
such  failure  and  neglect  after  the  expiration  of  said  time, 
as  fixed  by  the  Common  Council  and  notice  thereof  ; and 
the  City  Attorney  shall,  upon  the  order  of  the  Common 
Council,  prosecute  such  forfeiture  to  judgment  and  execu- 
tion in  any  court  of  competent  jurisdiction. 

309  Sec.  6.  he  Common  Council  shall  have  the 
power  at  all  times  to  make  such  regulations  as  to  the  use 
of  cars  and  the  rate  of  speed,  as  public  health,  safety  and 
convenience  may  require.  The  cars  upon  said  track  shall  be 
moved  or  operated  by  animal  power  only.  Cars  shall  run 

upon  said  track  from  6 o’clock  a.  until  o’clock 

p.  M.  of  each  and  every  day,  and  not  to  exceed  twenty 
minutes  apart  in  each  direction. 

310  Sec.  7.  The  cars  of  said  company  shall  be  en- 
titled to  the  track  in  all  cases.  Whenever  anv  team  or 


FORT  WAYNE  STREET  RAILROAD  CO. 


J55 

vehicle  shall  meet  or  be  overtaken  by  a car,  such  team  or 
vehicle  shall  give  way  to  said  car ; nor  shall  any  person 
wiltnlly  or  purposely  obstruct  or  interfere  with  any  of  the 
cars  by  driving  or  stopping,  or  causing  to  be  placed  or 
driven  in  a slow  pace,  or  stopped,  any  team  or  vehicle  or 
other  obstacle  in,  upon,  along,  across  or  near  the  track  of 
said  line  after  being  notified  by  the  driver  or  the  ringing 
of  the  bell  or  otherwise,  and  any  person  violating  this  sec- 
tion, shall,  upon  conviction,  forfeit  and  pay  a fine  to  said 
citv  of  liot  to  exceed  one  hundred  dollars  ($100.00.) 

311  Sf-C.  8.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  street  where  the 
same  shall  be  necessary  for  public  purposes,  and  in  case  the 
same  is  done,  it  shall  be  the  duty  of  said  company  to  protect 
its  own  property  and  right  as  best  it  can  pending  such  ex- 
cavation. 

312  Sec.  9.  And  in  relaying  or  paving  such  track, 
or  any  part  thereof,  it  shall  be  the  duty  of  said  company  to 
leave  that  portion  of  said  street  to  be  maintained  by  the 
city  in  as  good  condition  as  the  same  was  before  the  laving 
or  relaving  of  such  track,  or  part  thereof,  bv  said  companv. 

313  Sec.  10.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same,  which  it  may  suffer, 
or  which  may  be  recovered  or  obtained  against  it  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  thing  or  matter  connected 
herewith,  or  by  the  exercise  by  the  companv  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  by  said  com- 
panv, its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

314  Sec.  II.  And  sairl  company  agrees  in  accepting 
said  ordinance,  that  if  the  laying  and  building  of  its  track 
upon  the  grade  given  by  the  City  Civil  Engineer,  which 
shall  be  the  only  grade,  it  becomes  necessary  for  said  com- 
pany to  cut  down  or  fill  up  any  street  or  roadwav  or  part  of 
any  street  or  roadway,  it  will  cut  down  or  fill  up,  as  the 
case  may  be,  the  whole  of  said  street  or  roadwav  from  its 


Excavation 
by  city  in 
line  of  track 
permitted. 


Relaying 
tracks,  duty 
as  to. 


City  indemni- 
fied. 


Acceptance 

conditions. 


Cuts  and  fills, 
duty  as  to. 


256 


LAWS  AND  ORDINANCES. 


Track,  when 
laid. 


Maintain 

gutters. 


Fares 

and  transfers. 


track  to  the  curb  of  the  sidewalk  bordering  thereon,  so  as 
to  make  such  street  or  roadway  of  uniform  grade.  Said 
work  to  be  done  at  its  expense  and  to  the  satisfaction  of 
the  Common  Council’s  Committee  on  Streets  and  the  City 
Civil  Engineer. 

315  Sec.  12.  And  in  granting  permission  to  said 
company  to  lay  its  tracks  upon  said  streets,  it  is  hereby 
ordained  that  the  said  track  upon  Broadway,  from  Jefferson 
street  to  a point  fifty  feet  north  of  the  Shawnee  Creek  bridge, 
shall  be  laid  in  the  center  of  said  street,  measuring  from  the 
curbs  of  the  sidewalks  bordering  on  said  Broadway,  and 
said  company  shall  make  the  crossing  of  the  Shawnee 
Creek  bridge  and  the  Creighton  Avenue  bridge,  in  the  laying 
of  its  track,  in  accordance  with  the  orders  of  the  City  Civil 
Engineer  and  to  the  satisfaction  of  the  Common  Council’s 
Committee  on  Streets,  and  said  company  is  to  bear  and  pay 
one-half  the  cost  and  expense  of  maintaining  said  bridges, 
as  well  as  the  one-half  of  the  cost  or  expense  of  replacing 
either  or  both,  and  said  company  shall,  at  its  own  expense, 
maintain  the  gutter  on  the  west  side  of  Broadway,  from 
Taylor  street  to  Shawnee  Creek  bridge,  in  a safe  condition, 
by  either  placing  a pipe  therein  and  filling  the  same  up,  or 
by  placing  and  keeping  a safe  and  substantial  wooden  cover 
over  said  gutter ; said  company  to  keep  and  maintain  said 
gutter  in  a safe  condition  to  the  satisfaction  of  the  Street 
Commissioner  and  the  Common  Council’s  Committee  on 
Streets. 

316  Sec.  13.  And  the  privileges  herein  granted  to 
said  company  are  upon  the  further  condition  that  any  pas- 
senger having  paid  fare  upon  said  line  herein  named  may, 
without  extra  charge,  travel  to  his  destination  upon  any 
other  line  of  said  company,  whose  car  shall  make  immediate 
connection  with  the  car  upon  said  first  line  named,  at  the 
corner  of  Main  and  Calhoun  streets,  and  likewise  shall  pas- 
sengers from  other  lines  operated  by  said  company  be  en- 
titled to  take  passage  upon  any  car  making  immediate  con- 
nections therewith  on  said  first  named  line  at  the  corner  of 
Main  and  Calhoun  streets  without  paying  extra  fare.  By 
this  section  the  said  company  is  not  bound  to  make  inline- 


FORT  WAYNE  STREET  RAILROAD  CO. 


257 


diate  connection,  but  if  the  cars  upon  the  dif¥erent  lines  do 
make  immediate  connection,  then  one  fare  shall  pay  for  a 
continnons  trip.  It  is  understood  that  the  terminal  point  of 
the  Broadway  extension  will  be  at  the  corner  of  Broadway 
and  Creighton  avenue,  and  passengers  are  to  pay  fare  in 
going  in  each  direction  from  said  point. 

317  Sec.  14.  The  side-tracks  and  switches  must  be 
the  Diamond  switches,  and  no  side-tracks  or  switches  can 
be  laid  on  any  street  closer  together  than  1,100  feet  from 
each  other,  unless  by  order  of  the  Common  Council,  its 
Committee  on  Streets  and  the  Mayor.  Said  work  shall  be 
commenced  not  later  than  July  ist,  1888,  on  said  route, 
and  all  its  tracks  shall  be  finished  not  later  than  July  ist, 
1889. 

318  Sec.  15.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city,  in  the  penal  sum  of 
five  thousand  dollars  ($5,000.00)  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  in  this  ordinance, 
and  that  said  track  shall  be  constructed  and  completed  as 
herein  provided. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  28th  day  of  February,  1888. 

CHARLES  F.  MUHLER,  Mayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AN  ORDINANCE  aiifhoricing  the  use  and  oeeupation  of 
eertain  streets  therein  nanied  by  the  Fort  Wayne  Street 
Railroad  Company,  of  Fort  Wayne,  Indiana. 

319  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested,  upon  the 
conditions  hereinafter  named,  unto  the  company  organized 
as  a body  politic  and  corporate  by  the  name  of  the  Eort 
Wayne  Street  Railroad  Company,  of  Eort  Wayne,  Indiana, 
and  its  successors  or  assigns,  to  lay  a street  railroad  track, 
with  all  necessary  turnouts,  side-tracks  and  switches,  for 
passenger  railroad  lines,  along  and  upon  the  following 
named  streets,  to-wit : 


Side  tracks 
and  switches, 
kind. 


Bond. 


Fort  Wayne 
Street  Rail- 
road Com- 
pany, Wal- 
lace, John 
and  Creigh- 
ton streets. 


258 


LAWS  AND  ORDINANCES. 


Commencing  at  the  corner  of  Wallace  and  Hanna 
streets,  thence  east  on  Wallace  street  to  John  street,  thence 
south  on  John  street  to  Creighton  avenue,  thence  east  on 
Creighton  avenue  to  Walton  avenue.  Said  track  shall  be 
of  uniform  gauge  and  not  to  exceed  four  feet  and  nine 
inches  in  width,  and  must  be  laid  an  equal  distance  from 
the  center  of  said  streets,  and  the  center  of  the  streets  shall 
be  ascertained  by  measuring  from  the  lines  of  the  lots  abut- 
ting upon  said  street. 

320  Sec.  2.  The  consent,  permission  and  authority 
in  the  ordinance,  granted  and  vested  in  said  company,  are 
upon  the  conditions  hereinafter  specified  in  the  following 
sections. 


Grade  of  track. 


Pavement,  ex- 
tent of. 


Change 
of  pavement, 
when. 


321  Sec.  3.  The  said  company  is  to  lay  said  track 
on  said  street,  between  said  points,  upon  a grade  to  be  given 
by  the  City  Civil  Engineer  of  said  city,  and  said  company 
is  to  pave  with  cobble  stone,  at  the  time  said  tracks  are  laid, 
all  that  portion  of  said  street  as  lies  between  the  rails  of 
said  tracks,  at  its  own  expense,  and  to  the  satisfaction  of 
the  City  Civil  Engineer  and  the  Common  Council  of  said 
city,  and  the  same  is  to  be  kept,  and  also  twelve  inches 
from  the  outside  of  each  rail  of  said  track,  in  repair  and 
maintained  to  the  satisfaction  of  said  Engineer  and  Common 
Council,  by  and  at  the  expense  of  said  company:  Provided, 

That  after  the  expiration  of  ten  years  from  the  time  of  first 
laying  said  track,  the  said  company  shall,  if  so  ordered  by 
said  Common  Council,  remove,  at  its  own  expense,  said 
cobble  stone  and  pave  the  same  with  such  material  as  the 
Common  Council  shall  order,  at  its  own  expense,  and  keep 
and  maintain  the  same  likewise  ; all  of  which  is  to  be  done 
to  the  satisfaction  of  the  City  Civil  Engineer  and  the  Com- 
mon Council : Provided,  however.  That  the  said  company 

shall  not  be  required  to  build  a more  expensive  pavement 
for  its  portion  than  is  provided  for  the  balance  of  said 
street,  if  other  than  cobble  stone  is  required  of  it.  Said 
company  shall  not  be  required  to  build  or  maintain  any 
other  portion  of  said  street  than  specified  above,  except  that 
it  shall  maintain  and  keep  in  repair,  after  the  same  shall 
have  been  built  or  repaired,  said  street  to  a distance  of 


FOKT  WAYNK  STKKKT  KAII.KOAD  CO. 


259 


twelve  inches  from  the  outside  of  each  rail  of  said  track,  to 
he  so  kept  and  maintained  in  re])air  hy  saifl  company  at  its 
own  ex])ense  to  the  satisfactic^n  of  saifl  Common  Council. 

322  Si-:c.  4.  1'he  rails  constituting  said  track  shall 
he  the  modern  improvefl  rail,  not  less  than  thirty  ])Ounds 
in  weij:^ht,  and  to  he  satisfactcmy  to  the  Mayor  ami  Common 
C-ouncil  of  said  city,  anrl  iif)ne  f)f  the  rails  of  saifl  track 
shall  he  laifl  above  the  level  f)f  the  surface  f>f  the  street. 

323  See.  5.  Saifl  cf)m])any  shall  kee])  the  saifl  track 
in  such  comlition  that  it  shall  iifjt  at  any  time  be  abf^ve  the 
surface  of  saifl  street,  sf;  that  vehicles  can  easily  ami  freely 
at  all  times  crf)ss  saifl  tracks,  at  all  pf)ints,  in  any  flirectif^n, 
withf>ut  interference  f;r  obstruction,  ami  if  saifl  cfMU])any 
shall  fail  f)i*  neglect  tf>  coni])ly  with  the  ])rf)visifjns  f)f  this 
.sectif)n,  the  Cf^mmon  Cf)uncil  shall  cause  a iifdice,  fixinj^  a 
time,  which  shall  not  be  less  than  five  flays,  within  which 
time  saifl  cf)inpany  shall  ])lace  saifl  track,  or  ])art  thereof, 
in  the  conflitif)ii  rcfjuirefl  by  this  f>rflinance,  ami  if  saifl 
cf)nipany  shall,  within  the  time  Sf)  fixcfl  by  the  Cf)inmon 
C'fnmcil,  fail  so  tf>  flfj,  saifl  comj^any  shall  ff)rfeit  ami  ])ay 
tf)  saifl  city  twenty-five  fkillars  ($25.00)  ff)r  every  flay  of 
such  neglect  aufl  failure  after  the  expiratifin  f>f  saifl  time, 
as  fixefl  by  saifl  Commf)n  Cf)uncil  ami  iif)tice  therefif;  anfl 
the  City  AtttfU'uey  shall,  u])f)u  the  firfler  f>f  the  Ojinmon 
Cf)uncil,  ])rf)secute  such  forfeitures  tf)  jmlii^meiit  ami  ex- 
ecutif)U  in  any  Cf)urt  f)f  cf)mpetent  jurisflictif)n. 

324  Sr:c.  6.  The  Cf)mmf)n  Cfjuncil  shall  have  the 
power  at  all  times  tf)  make  such  rej4’ulatif)ns  as  tf)  the  use 
f)f  cars  aufl  the  rate  of  s])eeefl,  as  public  health,  safety  ami 
convenience  may  refjuire.  ddie  cars  U])f)U  saifl  track  shall 
be  nif)vefl  or  f)])eratefl  by  animal  ])f)wer  only.  Cars  shall 

run  u])on  .saifl  track  frf)in  6 o’clock  a.  m.  until f)’clf)ck' 

I’.  .\T.  f)f  each  ami  every  flay  ami  iif)t  tf)  exceefl  twenty  min- 
utes a])art  in  each  flirection. 

324-A  .Si-:c.  y.  'I'hf'  rars  f>f  said  cf)m]):n\  shall  be 

entitlcfl  to  the  track  in  all  cases.  Whenever  any  team  or 
vehicle  shall  meet  or  be  overtaken  by  a car,  such  team  or 
vehicle  shall  ^ive  way  tf)  .saifl  car,  uf)r  shall  any  ])er.son 
wilfully  or  pur])Osely  f)bstruct  f)r  interfere  with  any  of  the 


Kind  of  rails. 


Condition  of 
repairs. 


Notice  to  re- 
pair. 


Failure. 


Penalty. 


Speed, 

regulation  of. 


Right  of  way, 
who  entitled. 


2.3 


Excavation  by 
city. 


Relaying 

tracks. 


City  indemni- 
fied. 


Cuts  and  fills, 
who  to  make. 


260  I.AWS  AND  OKDINANCES. 

cars  by  driving  or  stopping,  or  causing  to  be  placed  or  driven 
in  a slow  pace,  or  stopped,  any  team  or  vehicle  or  other  ob- 
stacle in,  upon,  along  or  across  or  near  the  track  of  said 
line  after  being  notified  by  the  driver  or  the  ringing  of  the 
hell  or  otherwise,  and  any  person  violating  this  section  shall, 
upon  conviction,  forfeit  and  pay  a fine  to  said  city  of  not 
to  exceed  one  hundred  dollars  ($100.00.) 

325  Sec.  8.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  street  where  the  same 
shall  be  necessary  for  public  purposes,  and  in  case  the  same 
is  done,  it  shall  be  the  duty  of  said  company  to  protect  its 
own  property  and  rights  as  best  it  can  pending  such  ex- 
cavation. 

326  Sec.  9.  And  in  relaying  or  paving  such  track, 
or  any  part  thereof,  it  shall  be  the  duty  of  said  company  to 
leave  that  portion  of  said  street  to  be  maintained  by  the 
city  in  as  good  condition  as  the  same  was  before  the  laying 
or  relaving  of  such  track  or  parts  thereof  bv  said  companv. 

327  Sec.  to.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne, 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same  which  it  may  suffer, 
or  which  mav  1)c  recovered  or  obtained  against  it  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected 
herewith,  or  by  the  exercise  by  the  company  of  tlie  privi- 
leges hereby  granted,  or  from  any  act  or  acts  by  said  com- 
])any,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

328  Sec.  it.  And  said  company  agrees  in  accepting 
said  ordinance,  that  if  in  the  laying  and  building  of  its 
tracks  u])on  the  grade  given  by  the  City  Civil  Engineer, 
which  sliall  he  the  only  grade,  it  becomes  necessary  for 
said  coni])any  to  cut  down  or  fill  up  any  street  or  roadway, 
or  ])art  of  any  street  or  roadway,  from  its  track  to  the  curb 
of  the  sidewalk  bordering  thereon,  so  as  to  make  such  street 
or  road  wav  of  uniform  grade,  said  work  to  be  done  at  its 
own  expense  and  to  the  satisfaction  of  the  Common  Coun- 
eiks  Committee  on  Streets  and  City  Civil  Engineer. 


FOKT  WAYNK  street  RAIEKOAD  CO. 


261 


329  Sec.  12.  And  the  privileges  herein  granted  to 
said  company  are  upon  the  further  condition  that  any  pas- 
senger having  paid  fare  upon  said  line  herein  named  may, 
without  extra  charge,  travel  to  his  destination  upon  any 
other  line  of  said  company,  whose  car  shall  make  imme- 
diate connection  with  the  car  upon  said  first  line  named, 
at  the  corner  of  Main  and  Calhoun  streets,  and  likewise 
shall  passengers  from  other  lines  operated  by  said  com])any 
l)e  entitled  to  take  passage  upon  any  car  making  immediate 
connection  therewith  on  said  first  named  line  at  the  corner 
of  Main  and  Calhoun  streets  without  paying  extra  fare.  By 
this  section  the  said  company  is  not  bound  to  make  imme- 
diate connection,  but  if  the  cars  upon  the  dififerent  lines  do 
make  immediate  connections,  then  one  fare  shall  pay  for  a 
continuous  trip. 

330  Sec.  13.  The  side-tracks  and  switches  must  be 
the  Diamond  switches,  and  no  side-track  or  switch  can  be 
laid  on  any  street  closer  together  than  1,100  feet  from  each 
other  unless  by  order  of  the  Common  Council,  its  Com- 
mittee on  Streets  and  Mayor.  Said  work  shall  be  com- 
menced not  later  than  July  ist,  1888,  on  said  route,  and  all 
its  tracks  shall  be  finished  not  later  than  Julv  ist,  1889. 

331  Sec.  14.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city  in  the  penal  sum 
of  five  thousand  dollars  ($5,000.00)  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  in  this  ordinance, 
and  that  said  track  shall  be  constructed  and  completed  as 
herein  provided. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  28th  day  of  February,  t888. 

CHARLES  F.  MUHLER,  Mavor. 
Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AN  O RDI N ANCE  authorizing^  the  use  and  occupation  of 
Main  street  by  the  Fort  Wayne  Street  Railroad  Com- 
pany, of  Fort  Wayne,  Indiana. 

332  Sec.  I,  Be  it  ordained  by  the  Common  Council 


Fares 

and  transfers. 


Switches, 

kind. 


Bond. 


Fort  Wayne 
Street  Rail- 
road Com- 
pany, rights, 
Main,  from 
Broadway  to 
city  limits. 


Width  of  track 


Tracks  and 
grade. 


Pavement,  ex- 
tent of. 


Repairs. 


2()2  LAWS  AND  ORDINANCES. 

of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  upon  the 
conditions  hereinafter  named,  unto  the  company  organized 
as  a body  politic  and  corporate  by  the  name  of  the  Fort 
Wayne  Street  Railroad  Comjiany,  of  Fort  Wayne,  Indiana, 
and  its  successors  or  assigns,  to  lay  a street  railroad  track, 
with  all  necessary  turnouts,  side-tracks  and  switches  for 
passenger  railroad  lines  upon  and  along  the  following  named 
streets : On  West  Main  street,  from  Broadway  west  to 

city  limits.  Said  track  shall  he  of  uniform  gauge  and  not 
to  exceed  four  feet  and  nine  inches  in  width,  and  must  be 
laid  an  equal  distance  from  the  center  of  said  streef,  and 
the  center  of  the  street  shall  be  ascertained  by  measuring 
from  the  lines  of  the  lots  abutting  upon  said  track. 

333  Sec.  2.  The  consent,  permission  and  authority 
in  this  ordinance,  granted  and  vested  in  said  company,  are 
upon  the  conditions  hereinafter  specified  in  the  following 
sections : 

334  Sec.  3.  The  said  railroad  company  is  to  lay 

said  track  on  said  street  between  said  points,  upon  a grade 
to  he  given  by  the  City  Civil  Engineer  of  said  city,  and 
said  company  is  to  pave  with  cobble  stone,  at  tbe  time 
said  tracks  are  laid,  all  that  portion  of  said  street  as  lies  be- 
tween the  rails  of  said  track,  at  its  own  exjiense,  and  to  the 
satisfaction  of  the  City  Civil  Engineer  and  the  Common 
Council  of  said  city,  and  the  same  is  to  be  kept,  and  also 
twelve  inches  from  the  outside  of  each  rail  of  said  track, 
in  repair  and  maintained  to  the  satisfaction  of  said  Engineer 
and  Common  Council,  by  and  at  the  expense  of  said  com- 
])any:  Provided,  That  after  the  expiration  of  ten  years 

from  the  time  of  first  laying  said  track,  the  said  company 
shall,  if  so  ordered  by  the  Common  Council,  remove,  at  its 
own  expense,  said  cobble  stone,  and  pave  the  same  with 
such  material  as  the  Common  Council  shall  order,  at  its  own 
ex])ense,  and  keeji  and  maintain  the  same  likewise,  all  of 
which  is  to  be  done  to  the  satisfaction  of  the  City  Civil 
Engineer  and  the  Common  Council : Provided,  however. 

That  the  said  company  shall  not  be  required  to  build  a more 
expensive  pavement  for  its  portion  than  is  provided  for 


FOKT  WAYNE  vSTREET  RAILROAD  CO. 


263 


the  balance  of  said  street,  if  other  than  cobble  stone  is 
required  of  it.  Said  comjiany  shall  not  be  required  to  build 
or  maintain  an}'  other  portion  of  said  street  than  specified 
above,  except  that  it  shall  maintain  and  keep  in  repair  after 
the  same  shall  have  been  Iniilt  or  repaired,  said  street  to  a 
distance  of  twelve  inches  from  the  outside  of  eaeh  rail  of 
said  track,  to  be  so  kept  and  maintained  in  repair  by  said 
com])anv,  at  its  own  expense,  to  the  satisfaction  of  said 
Common  Council. 

335  Sec.  4.  The  rails  constituting  said  track  shall 
be  the  modern  improved  rail,  not  less  than  thirty  pounds 
in  weight,  and  to  lie  satisfactory  to  the  Mayor  and  Common 
Council  of  said  city,  and  none  of  the  rails  of  said  track 
shall  be  laid  above  the  level  of  the  surface  of  the  street. 

336  Sec.  5.  Said  company  shall  keeji  the  said  track 
in  such  a condition  that  it  shall  not  at  any  time  be  above 
the  surface  of  said  street,  so  that  vehicles  can  easily  and. 
freely,  at  all  times,  cross  said  track  at  all  points,  in  any 
direction,  without  interference  or  obstruction,  and  if  said 
company  shall  fail  or  neglect  to  comply  with  the  provisions 
of  this  section,  the  Common  Council  shall  cause  a notice, 
fixing  a time,  which  shall  not  be  less  than  five  days,  within 
which  said  comjiany  shall  place  said  track,  or  part  thereof, 
in  the  conditions  required  by  this  ordinance,  and  if  said 
conqiany  shall,  within  the  time  so  fixed  by  the  Common 
Council,  fail  so  to  do,  said  company  shall  forfeit  and  pay 
to  said  city  twenty-five  dollars  ($25.00)  for  every  day  of 
such  neglect  and  failure  after  the  ex])iration  of  said  time, 
as  fixed  by  said  Common  Council  and  notice  thereof,  and 
the  City  Attorney  shall,  iqion  the  order  of  the  Common 
Council,  prosecute  such  forfeiture  to  judgment  and  execu- 
tion in  any  court  of  competent  jurisdiction. 

337  Sec.  6.  The  Common  Council  shall  have  the 

power  at  all  times  to  make  such  regulations  as  to  the  use 
of  cars  and  rate  of  speed  as  ])ublic  health,  safety  and  con- 
venience may  require.  The  cars  upon  said  track  shall  be 
moved  or  operated  by  animal  power  only.  Cars  shall  run 
upon  said  track  from  6 o’clock  a,  m.  until  o’clock 


Rails,  kind. 


Tracks,  condi- 
tion of,  how 
kept. 


Notice. 


Penalty. 


City  Attorney, 
duty  of. 


Speed,  regula- 
tion. 


264 


LAWS  AND  ORDINANCES. 


Right  of  way, 
who  has  it. 


Penalty. 


Excavation  by 
city  allowed. 


Tracks,  re- 
laying of. 


City  indemni- 
fied against 
loss. 


St.  Mary’s 
bridge,  track 
on. 


p.  M.  of  each  and  every  day,  not  to  exceed  twenty  minutes 
apart  in  each  direction. 

338  Sec.  7.  The  cars  of  said  company  shall  be  en- 
titled to  the  track  in  all  cases.  Whenever  any  team  or 
vehicle  shall  meet  or  be  overtaken  by  a car,  such  team  or 
vehicle  shall  give  way  to  said  car,  nor  shall  any  person 
wilfully  or  purposely  obstruct  or  interfere  with  any  of  the 
cars  by  driving  or  stopping,  or  causing  to  be  placed  or 
driven  in  a slow  pace,  or  stopped,  any  team  or  vehicle  or 
obstacle  in,  upon,  along,  across  or  near  the  track  of  said 
line,  after  being  notified  by  the  driver  or  the  ringing  of 
the  bell  or  otherwise,  and  any  person  violating  this  section 
shall,  upon  conviction,  forfeit  and  pay  a fine  to  said  city  of 
not  to  exceed  one  hundred  dollars  ($100.00.) 

339  Sec.  8.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  street  where  the 
same  shall  be  necessary  for  public  purposes,  and  in  case  the 
same  is  done,  it  shall  be  the  duty  of  said  company  to  pro- 
tect its  own  property  and  rights  as  best  it  can  pending  such 
excavation. 

340  Sec.  9.  And  in  relaying  or  paving  such  track, 
or  part  thereof,  it  shall  be  the  duty  of  said  company  to  leave 
that  portion  of  said  street  to  be  maintained  by  the  city  in  as 
good  condition  as  the  same  was  before  the  laying  or  relaying 
of  such  track,  or  parts  thereof,  bv  said  company. 

341  Sec.  10.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne, 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same  which  it  may  suffer, 
or  which  may  be  recovered  or  obtained  against  it  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the 
])assage  of  this  ordinance,  or  any  matter  or  thing  connected 
herewith,  or  by  the  exercise  by  the  company,  its  servants 
or  agents,  under  or  by  virtue  of  the  provisions  of  this 
ordinance. 

342  Sec.  it.  And  this  ordinance  is  granted  upon 
.the  further  condition  that  in  making  the  crossing  of  the 
bridge  over  the  St.  Mary’s  river,  on  West  Main  street,  with 
the  track  of  said  company,  that  said  company  will  lay  said 


FOKT  WAYNE  STREET  RAILROAD  CO. 


265 


track  at  the  place  and  in  the  manner  provided  by  the  City 
Civil  Engineer  and  the  Common  Council’s  Committee  on 
Streets  to  their  satisfaction. 

343  Sfx.  12.  And  upon  the  further  condition  that 
said  company,  in  the  laying  of  its  rails  and  making  of  its 
road-bed,  if  it  shall  be  necessary  to  remove  any  earth  or 
other  substance  from  said  street  or  way.  that  it  will  cause 
all  such  earth  or  other  material  to  be  placed  upon  such 
street  or  way  as  shall  be  directed  by  the  Street  Commis- 
sioner or  Common  Council’s  Committee  on  Streets. 

344  Sec.  13.  And  said  company  agrees  in  accepting 
said  ordinance  that  if,  in  the  laying  and  Imilding  of  its 
track  upon  the  grade  given  by  the  City  Civil  Engineer, 
which  shall  be  the  only  grade,  it  becomes  necessary  for  said 
company  to  cut  down  or  fill  uj)  any  street  or  roadway,  or 
part  of  any  street  or  roadway,  it  will  cut  down  or  fill  up,  as 
the  case  may  be,  the  whole  of  said  street  or  roadway  from 
its  track  to  the  sidewalk  bordering  thereon,  so  as  to  make 
such  street  or  roadw^ay  of  uniform  grade,  said  work  to  be 
done  at  its  expense  and  to  the  satisfaction  of  the  Common 
Council’s  Committee  on  Streets  and  Civil  Engineer. 

345  Sec.  14.  And  the  privileges  herein  granted  to 
said  company  are  upon  the  further  conditions  that  any  pas- 
senger having  paid  fare  upon  said  line  herein  named  may, 
without  extra  charge,  travel  to  his  destination  upon  any 
other  line  of  said  company,  wdiose  car  shall  make  immediate 
connections  with  the  car  upon  said  first  line  named  at  the 
corner  of  Calhoun  and  Main  streets,  and  likewise  shall 
passengers  from  other  lines  operated  by  said  company  be 
entitled  to  take  passage  upon  any  car  making  immediate 
connections  therewith  on  said  first  named  line  at  the  corner 
of  Main  and  Calhoun  streets,  without  paying  extra  fare. 
By  this  section  the  said  company  is  not  bound  to  make  im- 
mediate connections,  but  if  the  cars  upon  the  dififerent  lines 
do  make  immediate  connections,  then  one  fare  shall  pay  for 
a continnons  trip. 

346  Sec.  15.  I'he  side-track  and  switches  must  be 
the  Diamond  switches,  and  no  side-track  or  switch  can  be 
laid  unless  by  order  of  the  Common  Council,  its  Committee 


Removing 
earth,  duty  of 
Company. 


Cuts  and  fills, 
duty  as  to  by 
Company. 


Fares 

and  transfers. 


feide  tracks, 
etc.,  where 
and  how  laid, 


266 


LAWvS  AND  OKDINANCES. 


Bond. 


Fort  Wayne 
Electric  Light 
Company, 

Factory 

street. 

Extent  of  per- 
mission. 


Electric  power 
to  be  used. 


on  Streets  and  the  jMayor.  Said  work  shall  be  commenced, 
not  later  than  [nly  ist,  1888,  on  said  route,  and  all  its 
tracks  shall  he  finished  not  later  than  July  ist,  1889. 

346-A  Sec.  16.  The  said  company  shall  enter  into 
a good  and  sufficient  bond  with  said  city  in  the  penal  sum  of 
five  thousand  dollars  ($5,000.00)  for  the  faithful  perform- 
ance of  all  the  terms  and  conditions  in  this  ordinance,  and 
that  said  track  shall  be  constructed  and  completed  as  herein 
provided. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  28th  day  of  February,  1888. 

CHARLFS  F.'  MUHLER,  Mayor. 

Attest;  W.  W.  RCJCKHILL,  City  Clerk. 


AN  ORDINANCE  authorizing  the  Fort  IVaync  Electric 
Eight  Company,  of  Fort  iVayne,  Indiana,  to  construct, 
maintain  and  operate  a line  of  street  railway  over  Fac- 
tory street,  in  the  City  of  Fort  Wayne,  to  be  operated 
by  means  of  Electric  Power. 

347  Sec.  t.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  consent,  per- 
mission and  authority  are  hereby  given,  granted  and  fully 
vested  in  the  Fort  Wayne  Electric  Light  Company,  its  suc- 
cessors or  assigns,  to  lay,  construct,  operate  and  maintain  a 
single  track  street  railroad  over  and  along  Factory  street, 
west  and  north  to  Broadway,  subject  to  the  conditions  here- 
inafter mentioned,  to-wit : 

348  Sec.  2.  The  motive  power  of  said  street  rail- 

road, or  any  part  thereof,  shall  be  electricity,  applied  and 
used  by  means  of  storage  battery,  and  said  company,  its 
successors  and  assigns,  are  hereby  given  and  granted  per- 
mission and  full  authority  to  use  said  street  in  such  a way 
as  may  be  necessary  to  operate  said  railroad,  "in  the  manner 
and  by  the  means  hereinbefore  ]:>rovided : Provided,  That 

such  railroad  shall  be  located  and  constructed  under  the 
supervision  of  the  Citv  Civil  Engineer. 

349  Sec,  3.  The  tracks  of  said  railroad  shall  be 


electkic  vSTrep:t  railroad. 


267 


laid  to  conform  witli  the  established  grade  of  said  street, 
and  in  such  a manner  as  to  he  no  nnnecessarv  impediment 
to  the  ordinary  use  of  said  street  and  the  jiassage  of  wagons 
and  other  vehicles  over  the  same,  along  and  across  said 
track,  and  so  as  not  to  o1)strnct  the  bow  of  water  at  and 
along  the  street  at  anv  point. 

350  Sec.  4.  If  sncli  railroad  is  operated  as  herein- 
tofore  provided,  the  street,  wherever  disturbed,  obstructed 
or  damaged  by  reason  of  the  construction,  repair  or  exist- 
ence of  said  railroad,  shall  be  by  said  company  ])romptly 
restored  to  the  same,  and  in  as  good  condition  as  it  was 
prior  to  such  disturbance  or  damage,  and  so  maintained  for 
the  period  of  one  year. 

351  Sec.  5.  The  said  Fort  Wayne  Electric  Idght 

Company  is  to  lay  said  railroad  track  on  said  street,  be- 
tween said  points,  upon  a grade  to  be  given  by  the  City 
Civil  Engineer  of  said  City  of  Fort  Wayne,  and  said  com- 
])any,  its  successors  or  assigns  are  to  pave  with  such  ma- 
terial as  said  street  is  paved  with,  or  as  it  shall  hereafter 
be  paved  with,  all  that  part  of  said  street  as  lies  between 
the  rails  of  said  track,  at  its  own  expense,  and  to  the  satis- 
faction of  the  City  Civil  Engineer  and  Common  Council  of 
said  city,  and  the  same  is  to  be  kept,  as  well  as  eighteen 
inches  from  the  outside  of  each  rail  of  said  track,  in  rejiair 
and  maintained  to  the  satisfaction  of  said  Engineer  and 
the  Common  Council  of  said  city,  by  and  at  the  expense 
of  said  company,  its  successors  or  assigns : Provided,  Thar 

said  company  shall  not  be  recpiired  to  build  a more  expensive 
pavement  for  its  portion  than  is  provided  for  the  balance 
of  the  street.  Said  company,  its  successors  or  assigns,  shall 
not  be  required  to  build  or  maintain  any  other  portion  of 
said  street  than  specified  above,  except  that  it  shall  maintain 
and  keep  in  repair,  after  the  same  shall  have  been  built  or 
repaired,  said  street  to  a distance  of  eighteen  inches  from 
the  outside  of  the  rails  of  the  track,  to  be  so  maintained  and 
kept  in  repair  by  said  company,  at  its  own  expense,  to  the 
satisfaction  of  the  Engineer  and  Common  Council. 

352  Sec.  6.  The  said  Fort  Wayne  Electric  Light 
Company  hereby  agrees  to  save  said  city  harmless  from  any 


Grade  of 
tracks,  what 
to  be. 


Repairs,  how 
made  and 
kept. 


Pavement  to 
be  made  by 
Company,  ex- 
tent of. 


City  indemni- 
fied by  bond. 


268 


LAWS  AND  ORDINANCES. 


Forfeiture. 


Bond. 


Street  Rail- 
road, R.  T. 
McDonald. 


Columbia 
street  and 
Columbia 
avenue. 


damages,  loss  and  liability  occasioned  by  the  construction, 
maintenance  or  operation  of  said  electric  railroad. 

353  Sec.  7.  If  the  said  Fort  Wayne  Electric  Light 
Company,  its  successors  or  assigns,  shall  at  any  time  cease 
to  operate  its  electric  works  at  the  place  where  it  is  now 
located,  then  this  ordinance  to  be  null  and  void,  and  all 
rights  of  the  said  company,  its  successors  or  assigns,  therein 
forfeited. 

354  Sec.  8.  The  said  Fort  Wayne  Electric  Light 
Company  and  assigns  shall  enter  into  a good  and  sufficient 
bond  to  the  City  of  Fort  Wayne  in  the  penal  sum  of  ten 
thousand  dollars  ($10,000.00)  for  the  faithful  performance 
of  all  the  terms  and  conditions  in  this  ordinance. 

Done  at  the  Council  Chamber  this  22nd  day  of  De- 
cember, 1891. 

C.  A.  ZOLLINGER,  Mayor. 

Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


AN  ORDINANCE  aiifJwriAng  the  use  of  Columbia  street, 
from  Calhoun  street  east  on  said  street  to  the  east  line 
of  the  Bridge  over  the  Maumee  river,  at  the  east  end 
of  the  said  Columbia  street,  thence  over  and  along 
Columbia  avenue,  from  said  point  to  the  city  limits,  for 
the  purpose  of  an  Electric  Street  Railroad,  by  Ronald 
T.  McDonald  and  his  assigns. 

355  Sec.  I.  Be  il  ordained  by  the  Common  Council 
of  the  City  of  Eort  IVayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  to  R.  T. 
McDonald  and  his  assigns,  to  lay,  construct  and  operate 
and  maintain  an  electric  street  railroad,  with  all  the  neces- 
sary and, proper  turnouts,  switches,  poles  and  wires,  for  a 
passenger  railroad  line  upon  and  along  Columbia  street, 
from  its  intersection  with  Calhoun  street  to  the  east  end 
of  the  river  bridge  over  the  Maumee  river  at  the  east  end 
of  said  Columbia  street,  and  from  thence  over  and  along 
Columbia  avenue  to  the  city  limits,  upon  the  conditions  and 
under  the  limitations  hereinafter  provided  in  the  following 
sections. 


KI.E:CTRIC  STRKKT  RAII.ROAD. 


269 


356  Sec.  2.  The  cars  of  said  Ronald  T.  McDonald 
and  his  assignees  shall  be  entitled  to  said  track  in  all  cases. 
When  any  team  or  vehicle  shall  meet  or  be  overtaken  by  a 
car,  such  team  or  vehicle  shall  give  way  to  such  car,  nor 
shall  any  person  wilfully  or  purposely  obstruct  or  interfere 
with  any  of  the  cars  by  driving  or  stopping,  or  causing  to 
be  placed  or  driven  at  a slow  pace,  or  stopped,  any  team, 
vehicle  or  other  obstacle  in,  upon,  along,  across  or  near  the 
track  of  said  line  after  being  notified  by  the  driver  or  the 
ringing  of  the  bell  or  otherwise,  and  any  person  violating 
this  section  shall,  upon  conviction,  forfeit  and  pay  a fine  to 
said  city  of  not  to  exceed  one  hundred  dollars  ($ioo.oo.) 

357  Sec.  3.  The  said  Ronald  T.  McDonald  and  his 

assignees  is  to  lay  said  track  on  said  street,  between  said 
])oints,  upon  a grade  to  be  given  by  the  City  Civil  Engineer 
of  said  city,  and  said  Ronald  T.  McDonald  and  his  assignees 
is  to  pave  with  such  material  as  said  street  is  paved  with, 
or  as  it  shall  hereafter  be  paved  with,  all  that  portion  of 
said  streets  as  lies  between  the  rails  of  said  tracks,  which 
shall  be  meant  to  include  all  that  part  also  as  shall  lie  be- 
tween said  switches,  at  its  own  expense,  and  to  the  satis- 
faction of  the  City  Civil  Engineer  and  the  Common  Council 
of  said  city,  and  the  same  is  to  be  kept,  as  well  as  eighteen 
inches  from  the  outside  of  each  rail  of  said  track,  in  repair 
and  maintained  to  the  satisfaction  of  said  Engineer  and 
the  Common  Council,  by  and  at  the  expense  of  said  com- 
pany ; provided,  all  of  which  is  done  to  the  satisfaction  of 
the  said  Civil  Engineer  and  Common  Council : Provided, 

however.  That  the  said  Ronald  T.  McDonald  and  his  as- 
signees shall  not  be  required  to  build  a more  expensive  pave- 
ment for  its  portion  than  is  provided  for  the  balance  of  the 
street.  Said  Ronald  T.  McDonald  and  his  assignees  shall 
not  be  required  to  build  or  maintain  any  other  portion  of 
said  street  than  is  specified  above,  except  that  it  shall  main- 
tain and  keep  in  repair,  after  the  same  shall  have  been  built 
or  repaired,  said  street  to  a distance  of  eighteen  inches  from 
the  outside  of  the  rail  of  each  track,  to  be  kept  and  main- 
tained in  repair  by  said  Ronald  T.  McDonald  and  his  as- 


Right  of  way, 
who  has  it. 


Penalty. 

Grade  of  track. 

Pavement,  ex- 
tent of. 


Repairs. 


270 


LAWS  AND  ORDINANCES. 


‘Rails,  kind, 
how  laid. 


Condition  of 
repairs. 


Notice  to  re- 
pair. 


Failure 
to  repair, 
penalty. 


Speed,  regula- 
tion. 


Power,  kind, 
when  cars  to 
run. 


signees,  at  its  own-  expense,  to  the  satisfaction  of  the  Com- 
mon Council. 

358  Sec.  4.  The  rails  constituting  the  track  and 
switches  shall  be  of  the  most  modern  improved  rail  for  such 
l)urposes,  and  such  rail  as  shall  be  satisfactory, to  the  Mayor 
and  Common  Council  of  said  city,  and  none  of  the  rails 
shall  be  laid  or  at  any  time  maintained  above  the  surface  of 
anv  of  said  street. 

359  Sec.  5.  Said  Ronald  T.  McDonald  and  his 
assignees  shall  keep  said  track  in  such  condition  that  it 
shall  not  at  any  time  be  above  the  surface  of  said  street, 
so  that  vehicles  can  easily  and  freely  at  all  times  cross  said 
tracks,  at  all  points,  in  any  direction,  without  interference 
or  obstruction,  and  if  said  Ronald  T.  McDonald  and  his 
assignees  shall  fail  or  neglect  to  comply  with  the  provisions 
of  this  section,  the  Common  Council  shall  cause  a notice, 
which  shall  not  be  less  than  five  days,  within  which  time 
said  Ronald  T.  McDonald  and  his  assignees  shall  place 
said  track,  or  part  thereof,  in  the  condition  required  by 
this  ordinance,  and  if  said  Ronald  T.  McDonald  and  as- 
signees shall,  within  the  time  so  fixed  by  the  Common 
Council,  fail  so  to  do,  said  Ronald  T.  McDonald  and 
assigns  shall  forfeit  and  pay  to  said  city  twenty-five 
dollars  ($25.00)  for  every  day  of  such  neglect  and  failure 
after  the  expiration  of  said  time,  as  fixed  by  said  Common 
Council  and  notice  thereof,  and  the  City  Attorney  shall, 
upon  the  order  of  the  Common  Council,  prosecute  such 
forfeiture  to  judgment  and  execution  in  any  court  of  com- 
petent jurisdiction. 

360  Sec.  6.  And  the  Common  Council  shall  have, 
the  power,  at  all  times  to  make  such  regulations  as  to  the 
use  of  the  cars  and  the  rate  of  speed  as  public  health,  safety 
and  convenience  may  require.  The  cars  upon  said  track 
shall  be  moved  or  operated  by  electric  power  only.  Cars 
shall  run  upon  said  track  from  6 o’clock  a.  m.  until  ii 
o'clock  p.  M.  of  each  and  every  day,  and  not  to  exceed  fifteen 
minutes  apart  within  the  city  limits  in  each  direction  after 
completion,  and  the  full  length  of  said  route,  not  less  than 
everv  half  hour. 


electric  street  railroad. 


271 


361  Sec.  7.  It  shall  be  lawful  for  the  city  to  ex- 
cavate, or  permit  to  be  excavated,  said  street  where  the 
same  shall  be  necessary  for  public  purposes,  and  m case 
the  same  is  done,  it  shall  be  the  duty  of  the  said  Ronald  T. 
^McDonald  and  his  assignees  to  protect  its  own  property  and 
rights  as  best  it  can  pending  such  excavation. 

362  Sec.  8.  And  in  relaying  or  paving  such  track,  or 
any  part  thereof,  it  shall  be  the  duty  of  said  Ronald  T. 
AIcDonald  and  his  assignees  to  leave  that  portion  of  said 
street,  to  be  maintained  by  the  city,  in  as  good  condition 
as  the  same  was  before  the  laying  or  relaying  of  such 
track,  or  part  thereof,  by  said  Ronald  T.  McDonald  and  his 
assignees. 

363  Sec.  9.  The  said  Ronald  T.  McDonald  and  his 
assignees  shall  forever  indemnify  and  save  harmless  the 
said  City  of  Fort  Wayne  against  and  from  any  and  all  legal 
damages,  judgments,  decrees,  costs  and  expenses  of  the 
same,  which  it  may  suffer  or  which  may  be  recovered  or 
obtained  against  it,  for  or  by  reason  of,  or  growing  out  of, 
or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  by  the  exercise  by 
the  Ronald  T.  'McDonald  and  his  assignees  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  of  said  Ronald 
T.  McDonald  and  his  assignees,  its  servants  or  agents,  under 
or  bv  virtue  of  the  provisions  of  this  ordinance. 

364  Sec.  10.  And  upon  the  further  condition  that 
said  Ronald  T.  McDonald  and  his  assignees,  in  the  laying 
of  rails  and  the  making  of  its  roadbed,  if  it  shall  be  neces- 
sary to  remove  any  earth  or  other  substance  from  said 
street  or  way,  that  it  shall  cause  all  such  earth  or  other 
material  to  be  placed  upon  such  street  or  way  as  shall  be 
directed  by  the  Street  Commissioner  or  the  Common  Coun- 
ciks  Committee  on  Streets. 

365  Sec.  it.  And  said  Ronald  T.  McDonald  and 
his  assignees  agree,  in  accepting  such  ordinance,  that  if,  in 
the  laying  and  building  of  its  track  upon  the  grade  given  bv 
the  City  Civil  Engineer,  which  shall  be  the  only  grade,  it 
becomes  necessary  for  said  Ronald  T.  McDonald  and  his 
assignees  to  cut  down  or  fill  up  any  street  or  roadway,  or 


Excavation  by 
city. 


Relaying 
tracks,  duty. 


City  indemni- 
fied. 


Removal  of 
earth,  where 
placed. 


Cuts  and  fills, 
extent  of. 


272 


I.AWS  AND  ORDINANCES. 


Fares 

and  transfers. 


Side  tracks 
and  switches. 


Grade  to  be 
changed  if 
necessary,  by 
whom. 


part  of  any  street  or  roadway,  it  will  cut  down  or  fill 
up,  as  the  case  may  be,  the  whole  of  said  street  or  roadway, 
from  its  track  to  the  sidewalks  bordering  thereon,  so  as  to 
make  such  street  or*  roadway  of  uniform  grade,  said  work 
to  be  done  at  its  own  expense  and  to  the  satisfaction  of 
the  Common  Council  s Committee  on  Street^ and  the  City 
Civil  Engineer. 

366  Sec.  12.  And  the  privileges  herein  granted  to 
said  Ronald  T.  McDonald  and  his  assignees'  are  upon  the 
further  condition,  that  any  passenger  having  paid  fare 
upon  said  line,  at  any  point  within  the  city  limits,  may, 
without  extra  charge,  travel  to  his  destination  upon  any 
other  line  of  said  McDonald  or  his  assignees,  in  connection 
therewith,  or  upon  any  other  lines  made  as  extensions  to  the 
lines  herein  named  or  acquisitions  thereto,  or  upon  any  other 
lines  that  may  hereafter  become  a consolidation  with  the  line 
herein  specified,  or  to  which  the  line  herein  specified  may  be-, 
come  tributary.  The  said  fare  for  such  continuous  trip 
shall  not  exceed  the  sum  of  five  cents  from  any  point  within 
the  city  limits,  and  from  any  point  within  the  city  limits 
to  without  the  city  limits  not  to  exceed  ten  cents,  and  from 
points  without  the  city  limits  to  points  within  the  city  limits 
not  to  exceed  five  cents. 

367  Sec.  13.  The  side-tracks  or  switches  must  be 
that  commonly  used,  and  no  such  side-track  or  switch  can 
he  laid  on  any  street  closer  together  than  1,100  feet  from 
each  other,  unless  by  special  permission  of  the  Common 
Council  by  ordinance  first  obtained. 

368  Sec.  14.  In  case  said  Ronald  T.  AIcDonald  or 
his  assignees  should  lay  the  tracks  or  switches  herein  per- 
mitted before  the  permanent  paving  of  any  of  the  streets 
herein  named,  said  Ronald  T.  AIcDonald  and  his  assigns 
agree  as  a condition  for  such  franchise,  if  it  becomes  neces- 
sary, in  the  opinion  of  the  Common  Council,  to  be  made 
known  by  the  passage  of  a resolution  therein  to  raise,  lower 
or  change  the  grade  of  any  street  or  the  grade  of  such 
track  or  switches,  the  said  Ronald  T.  IMcDonald  and  his 
assignees  make  such  change  of  grade  of  such  streets,  tracks 


ELECTRIC  street  RAILROAD. 


273 


or  switches  at  the  expense  of  Ronald  T.  McDonald  and  his 
assignees. 

369  Sec.  15.  The  poles  and  wires  to  be  used  by 

said  Ronald  T.  McDonald  and  his  assignees,  in  the  opera- 
tion of  said  road  upon  Columbia  street,  in  said  city,  shall 
be  not  less  than  thirty-five  feet  high  above  the  surface  of 
the  ground,  and  upon  the  other  streets  not  less  than  twenty- 
five  feet  above  the  surface  of  the  ground;  all  of  said  poles 
to  be  neatly  trimmed  and  painted  in  such  manner  and  as 
often  as  the  Common  Council  may  from  time  to  time  direct. 
Said  poles  to  be  maintained  as  at  no  time  to  be,  or  liable 
to  be,  a menace  or  interference  to  the  public  health,  safety, 
welfare  and  convenience,  and  as  to  such  menace  or  inter- 
ference the  Common  Council  shall  be  the  sole  judge.  Poles 
of  less  height  may  be  erected  at  such  points  as  may  be 
necessary,  upon  the  consent  of  the  Common  Council  by 
resolution  being  obtained  therefor,  and  in  case  the  Common 
Council,  on  account  of  the  public  welfare  or  necessity,  shall 
require  the  burying,  boxing  or  other  or  different  mode  than 
overhead  wires,  said  Ronald  T.  AlcDonald  and  his  assignees 
agree  to  comply  with  any  ordinance  of  the  Common  Council 
made  in  relation  thereto : Provided,  Said  order  is  general 

and  a compliance  with  said  order  is  practical. 

370  Sec.  16.  And  said  Ronald  T.  McDonald  and 
his  assignees,  as  a condition  for  said  franchise  and  per- 
mission, to  comply  with  all  ordinances  and  resolutions  of 
the  Common  Council  of  said  city,  which  are  now  in  force, 
or  which  may  hereafter  be  adopted,  relating  to  the  police 
regulation  and  welfare  of  the  citizens  of  said  citv. 

371  Sec.  17.  And  it  is  hereby  understood  and 
agreed  that  .upon  any  poles  erected  by  said  Ronald  T. 
McDonald  or  his  assignees,  the  City  of  Fort  Wayne  shall 
be  permitted,  without  consideration  or  cost,  so  long  as 
Ronald  T.  McDonald  and  his  assignees  shall  choose  or  be 
permitted  to  use  said  poles,  to  carry  upon  the  top  lines  of 
said  poles  fire  or  police  lines  for  the  city’s  service. 

372  Sec.  18.  Upon  all  improved  streets  the  poles 
shall  be  erected  without  the  curb  lines,  and  upon  such  streets 
as  may  be  hereafter  improved,  all  poles  shall  be  placed  in 


Poles,  height. 


Subject  to 
police  regula- 
tions. 


City  to  use 
poles. 


Poles,  where 
placed. 


274 


LAWS  AND  OKDINANCES. 


Columbia 

street 

and  Columbia 

avenue, 

tracks, 

where  placed. 


Bond. 


Fort  Wayne 
Street  Rail- 
road. 


glitters  or  outside  of  curb  line  as  shall  be  ordered  by  the 
Common  Council,  and  upon  improved  streets  said  poles 
shall  be  so  maintained  as  to  cause  the  least  interference 
with  the  flow  of  water  in  gutters.  Upon  Columbia  street, 
said  track  shall*  be  placed  in  the  center  line  of  said  street  in 
reference  to  the  lots  and  lines,  and  in  the  crossing  of  the 
bridge  over  the  Maumee  river,  the  track  shall  be  placed 
at  such  point  and  under  such  requirements  as  to  its  con- 
struction and  maintenance  as  shall  be  determined  by  the 
Common  Council  and  the  City -Civil  Engineer,  and  on  Colum- 
bia  street,  said  track  shall  be  right  in  the  middle  of  the 
street,  and  the  track  on  Columbia  avenue  shall  be  laid  on 
the  north  side  of  said  avenue,  until  the  whole  width  of  the 
avenue  shall  have  been  graded  and  graveled,  when  the  track 
shall  be  removed  to  the  center  line  of  said  avenue,  if  required 
by  ordinance  of  the  Common  Council  so  to  do,  without  any 
costs  or  expenses  to  said  city. 

373  Sec.  19.  The  said  Ronald  T.  McDonald  and 
his  assignees  shall  enter  into  a good  and  sufficient  bond 
with  said  city  in  the  penal  sum  of  ten  thousand  dollars 
($10,000.00)  for  the  faithful  performance  of  all  the  terms 
and  conditions  in  this  ordinance,  and  that  said  track  shall 
be  constructed  and  completed  as  herein  provided.  The  said 
road  to  be  completed  and  in  running  order  by  the  first  day 
of  November,  1892. 

Done  at  the  Council  Chamber  of  the  City  Hall,  in  the 
Citv  of  Fort  Wayne,  this  23rd  day  of  February,  1892. 

C.  A.  ZOLLINGER,  Mayor. 

Atttest:  RUDY  C.  REINEWALD,  City  Clerk. 


AN  ORDINANCE  relating  to  the  use  of  Eleetrieity  as  a 
Motive  Pozver  by  the  Eort  Wayne  Street  Raihvay 
Company. 

374  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Eort  Wayne,  . Tlmt 

Whereas,  The  Fort  Wayne  Street  Railroad  Company, 
operating  a system  of  street  railway  lines  under  and  by 
virtue  of  certain  ordinances  of  said  city,  has  signified  its 


FORT  WAYNE  STREET  RAILROAD  CO. 


275 


willingness  and  desire  to  change  the  motive  power  upon  its 
street  railroad  in  said  city,  and 

Whereas,  There  is  a desire  on  the  part  of  the  people 
of  said  city  for  a more  convenient  and  rapid  mode  of  tran- 
sit, and  that  an  electric  system  be  substituted  for  animal 
power  for  the  movement  of  cars  for  the  said  company ; 
Therefore,  consent,  permission  and  a^-Thority  are  hereby 
granted  to  the  Fort  Wayne  Street  Railroad  Company,  its 
successors  and  assigns,  to  operate  all  its  lines  of  street  rail- 
road, as  the  same  now  exists,  with  any  and  all  extensions 
or  additions  that  may  hereafter  be  granted  thereto,  by 
electricity,  using  the  storage  battery,  conduit,  overhead  wire, 
or  such  other  system  as  said  company  may  deem  most 
practical.  In  pursuance  of  and  compliance  with  the  ordi- 
nances of  said  city,  and  while  all  provisions  of  that  ordinance 
are  .fulfilled  by  said  company,  its  successors  and  assigns, 
and  to  that  end,  and  for  such  purpose,  said  company  shall 
have  the  right  to  construct  such  conduits  between  its  tracks 
or  to  erect  and  maintain  poles,  wires,  fixtures  and  all  other 
appurtenances,  appliances  and  fixtures  for  conducting  cur- 
rents of  electricity  for  the  purpose  of  transmitting  and  pro- 
ducing motive  power  to  propel  ^nd  operate  the  cars  on  said 
street  railroad. 

375  Sec.  2.  In  case  said  company  adopts  and  uses 
a trolley  or  overhead  wire  system  for  operation  of  said 
street  railroad  by  electricity,  then  the  poles  and  wires  to  be 
used  by  it  in  such  operation  shall  not  be  less  than  eighteen 
feet  or  more  than  twenty-five  feet  above  the  surface  of  the 
ground,  and  all  such  poles  shall  be  neatly  trimmed  and 
painted  in  such  manner  and  as  often  as  the  Common  Coun- 
cil may  from  time  to  time  direct. 

376  Sec.  3.  Upon  Calhoun  street,  from  Superior 
street  south  to  Creighton  avenue,  and  upon  Main  street, 
from  Harrison  street  east  to  Lafayette  street,  and  on  Clinton 
street,  from  IMain  street  south  to  Washington  street,  the 
poles  shall  be  of  iron,  set  next  to  and  outside  of  the  curb 
stone,  and  shall  be  so  set  and  maintained  as  to  cause  the 
least  interference  with  the  flow  of  water  in  the  gutters. 

Upon  all  other  streets  the  poles  shall  be  placed  inside 


Motor  power, 
electricity. 


T rolleys. 


Poles,  height 
and 

conditions. 


Poles,  iron, 
where. 


Where  set. 


276 


LAWS  AND  ORDINANCES. 


Conditions  of 
franchise. 


Underground 

conduits. 


Workmanship. 


Guards  and 
red  lights. 


Cars,  kind. 


the  curb  stone,  said  poles  to  be  placed  under  the  direction 
and  to  the  satisfaction  of  the  City  Civil  Engineer  and  Street 
Commissioner. 

376-A  Sec.  4.  The  Common  Council  shall  have 
the  power  at  all  times  to  make  such  regulations  as  to  the 
rate  of  speed  as  public  safety  and  convenience  shall  require. 

377  Sec.  5.  The  permission  is  herein  granted  with 
all  the  privileges  and  subject  to  all  the  conditions  of  this 
ordinance,  and  of  the  several  ordinances,  under  and  by 
virtue  of  which  the  said  company  is  now  permitted  to  operate 
its  street  railroad  lines  along  and  upon  the  several  streets 
of  said  city,  except  as  to  the  rate  of  speed. 

378  Sec.  6.  In  case  said  company  adopts  and  uses 
an  underground  conduit  system  for  the  operation  of  its 
street  railroad,  then  said  company  shall  be  permitted  to 
make  the  necessary  excavation  under  its  tracks  therefor, 
but  it  shall  refill  said  trenches  and  replace  all  pavement  re- 
moved or  taken  up  by  it  in  making  such  excavation  in  as 
good  condition  as  the  ^ame  is  now,  and  to  the  satisfaction 
of  the  City  Civil  Engineer  and  Street  Commissioner. 

379  Sec.  7.  All  work  shall  be  done  in  a good  and 
workmanlike  manner,  and  so  as  not  to  interfere  with  or 
obstruct  the  convenient  use  of  any  street  or  alley,  or  in  any 
manner  interfere  with  or  afifect  any  sewer,  water  or  gas 
pipe  .which  has  been  constructed  or  which  may  hereafter 
be  constructed  by  or  under  the  authority  of  the  City  of 
Eort  Wayne. 

380  Sec.  8.  All  excavations  shall  at  all  times  be 
kept  and  maintained  with  proper  guards  and  red  lights,  to 
render  the  same  secure  and  free  from  danger,  and  no  ex- 
cavations shall  be  permitted  to  be  or  remain  in  any  street 
or  alley  of  said  city  for  a longer  period  than  is  necessary 
to  promptly  and  expeditiously  construct  or  repair  such 
poles,  wires  or  main. 

381  Sec.  9.  The  said  Eort  Wayne  Street  Railroad 
Company,  its  successors  and  assigns,  shall  continue  on  said 
railroad  good  cars,  equipped  with  modern  improvements 
for  the  convenience  and  comforts  of  passengers,  and  man- 
aged and  operated  as  the  public  necessity  may  require,  and 


FORT  WAYNE  STREET  RAIEROAD  CO. 


277 


so  as  to  promote  the  safety  of  those  using  the  same,  as  well 
as  those  lawfully  jn  and  upon  and  about  the  public  streets 
and  places  in  said  city. 

382  Sec.  10.  The  said  Fort  Wayne  Street  Railroad 
Company,  its  successors  and  assigns,  do  obligate  them- 
selves to  comply  with  all  the  conditions  and  provisions  of 
this  ordinance,  and  that  they  shall  forever  indemnify  and 
save  harmless  the  said  City  of  Fort  Wayne  from  all  costs, 
expenses  and  damages,  suffered  or  incurred  by  it  and  from 
all  judgments  and  decrees  rendered  against  it  by  reason 
or  of  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith,  or 
by  the  exercise  by  the  said  company,  its  successors  and 
assigns,  of  the  privileges  Jiereby  granted,  or  from  any  act 
of  said  company,  its  successors  and  assigns,  their  servants 
or  agents,  under  or  by  virtue  of  this  ordinance,  or  failure 
to  comply  with  any,  provision  thereof,  and  to  that  end  said 
company,  its  successors  or  assigns,  upon  accepting  this 
ordinance,  execute  to  said  city,  and  thereafter  keep  good, 
a bond  in  the  penal  sum  of  fwenty-five  thousand  dollars 
($25,000.00),  with  surety,  to  be  approved  by  the  Common 
Council,  conditioned  that  said  company,  its  successors  and 
assigns,  will  so  protect  and  save  harmless  said  city  and 
comply  with  all  the  conditions  and  provisions  of  this 
ordinance. 

383  Sec.  II.  The  said  company  shall  adopt  and 
actually  commence  the  construction  of  a system  of  elec- 
tricity on  the  streets  for  the  operation  of  its  street  railroad 
within  four  months  from  the  date  of  the  passage  of  this 
ordinance,  and  shall  have  all  its  lines  equipped  and  in  opera- 
tion by  such  system  within  twelve  months  from  the  passage 
of  such  ordinance,  and  upon  the  failure  of  said  company 
to  actually  commence  the  construction  of  such  system  in 
good  faith  within  said  four  months  and  have  the  same  com- 
pleted within  .the  twelve  months,  then  all  rights  and  privi- 
leges herein  and  hereby  granted  shall  cease  and  be  forfeited. 

384  Sec.  12.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage,  and  the  filing  by  said 
company,  its  successors  or  assigns,  with  the  City  Clerk,  a 


Indemnity  to 
city. 


Bond. 


Time  when 
work  to  begin 


278 


LAWS  AND  ORDINANCKS. 


Double  tracks, 
Calhoun,  Su- 
perior and 
Plum  streets. 


Pavements. 


written  acceptance  of  the  terms  and  conditions  thereof,  to- 
gether with  a bond  as  above  provided,  within  thirty  days 
after  the  passage  of  the  same. 

Done  at  the  Council  Chamber  this  23rd  day  of  Feb- 
ruary, 1892. 

C.  A.  ZOLLINGER,  Mayor. 

Attest : RUDY  C.  REINEWALD,  City  Clerk. 


AN  ORDNIN ANCE  for  the  extension  of  the  double  track 

on  Calhoun,  Superior  and  Main  streets  by  the  Fort 

Wayne  Street  Railroad  Company. 

385  Sec.  I.  Be  it  ordained  by  the  Common  Council 

of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  unto  the 
Fort  Wayne  Street  Railroad  Company,  its  successors  and 
assigns,  to  extend,  construct,  operate  and  maintain  its  double 
track  street  railroad,  from  its  present  northern  terminus  on 
Calhoun  street  just  north  of  Main  street  to  Superior  street, 
thence  west  on  Superior  street  to  Plum  street ; thence  on 
Plum  street  to  within  150  feet  of  St.  Mary’s  River  bridge, 
and  on  Main  street,  from  the  switch  between  Calhoun  street 
and  Court  street  to  Lafayette  street,  and  on  Calhoun  street, 
from  Hamilton  street  to  Butler  street : Provided,  That  in 

laying  or  repairing  any  such  track,  or  parts  of  tracks,  as 
hereinafter  provided,  it  shall  be  the  duty  of  said  company 
to  leave  that  portion  of  streets  to  be  maintained  by  the  city 
in  as  good  condition  as  the  same  was  before  the  laying  or 
relaving  of  such  tracks,  or  parts  of  tracks,  bv  said  companv. 

386  Sec.  2.  This  ordinance  is  made  subject  to  all 
the  provisions  and  restrictions  of  this  ordinance  and  the 
amendments  thereto,  heretofore  granted  to  the  Citizens’ 
Street  Railroad  Company,  of  Fort  Wayne,  its  successors 
and  assigns,  for  the  construction  and  operation  of  a double 
track  street  railroad  upon  Calhoun  street.  Except  that 
said  company,  its  successors  and  assigns,  will  be  required 
to  pave  and  maintain  the  parts  of  said  street  herein  men- 
tioned between  the  rails  of  each  of  said  tracks,  as  well  as 
that  portion  of  said  streets  as  lies  between  said  tracks  with 


FOKT  WAYNE  STREET  KAILKOAD  CO. 


279 


the  same  material  that  is  used  in  the  pavement  of  said 
streets,  at  the  time  of  laying  such  track  or  tracks,  or  that 
mav  thereafter  be  used,  by  order  of  Council,  instead  of 
cobble  stone,  as  provided  for  in  Section  3 of  the  ordinance 
herein  referred  to. 

387  Sec.  3.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city  in  the  penal  sum  of 
two  thousand  dollars  ($2,000.00)  for  the  faithful  perform- 
ance of  all  the  terms  and  conditions  contained  in  this 
ordinance. 

Done  at  the  Council  Chamber  in  the  City  of  Fort  Wayne 
this  15th  day  of  April,  1892. 

C.  A.  ZOLLINGER,  Mayor. 

■ Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


ZfA'  ORDINANCE  authori.zing  the  use  and  occupation  of 
certain  streets  therein  named  by  the  Fort  IVayiie  Street 
Raitroad  Company,  of  Fort  Wayne,  Indiana. 

388  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  given,  granted  and  vested  upon  the 
conditions  hereinafter  named,  unto  the  company  organized 
as  a body  politic  and  corporate,  by  the  name  of  the  ‘Wort 
Wayne  .Street  Railroad  Company,  of  Eort  Wayne,  Indiana,” 
and  its  successors  and  assigns,  to  lay  a street  railroad  track 
with  all  necessary  turnouts,  side-tracks  and  switches,  for 
passenger  railroad  lines  upon  and  along  the  following  named 
streets,  to-wit: 

On  Clinton  street,  from  Main  street  south  to  Lewis 
street,  and  on  Lewis  street,  from  Clinton  street  east  to  Wal- 
ton avenue.  Said  track  shall  be  of  uniform  guage  and  not 
to  exceed  four  feet  and  nine  inches  in  width,  and  must  be 
laid  at  equal  distance  from  the  center  of  said  streets,  and 
the  center  of  said  streets  shall  be  ascertained  by  measuring 
from  the  lines  of  the  lots  abutting  upon  said  streets. 

389  Sec.  2.  The  consent,  permission  and  authority 
in  this  ordinance  granted  and  vested  in  said  company  are 


Bond. 


Fort  Wayne 
Street  Rail- 
road Com- 
pany., Clin- 
ton and 
Lewis. 


280 


LAWS  AND  ORDINANCES. 


Pavement,  ex- 
tent of. 


Repairs,  ex- 
tent of. 


Rails,  kind. 


upon  the  conditions  hereinafter  specified  in  the  following 
sections. 

390  Sec.  3.  The  said  railroad  company  is  to  lay  said 

track  on  said  street  between  said  points,  upon  a grade  to  be 
given  by  the  City  Civil  Engineer  of  said  city,  and  said  com- 
pany is  to  pave  with  cobble  stones,  at  the  time  said  tracks 
are  laid,  all  that  portion  of  said  streets  that  lies  between 
the  said  rails  of  said  tracks  at  its  own  expense  and  to  the 
satisfaction  of  the  City  Civil  Engineer  and  the  Common 
Council  of  said  city,  and  the  same  is  to  be  kept,  and  also 
twelve  inches  from  the  outside  of  each  rail  of  said  track, 
in  repair  and  maintained  to  the  satisfaction  of  said  Engineer 
and  Common  Council,  by  and  at  the  expense  of  said  com- 
pany, provided,  that  after  the  expiration  of  ten  years  from 
the  time  of  first  laying  of  said  track,  the  company  shall,  if 
so  ordered  by  the  Common  Council,  remove,  at  its  own 
expense  said  cobble  stone,  and  pave  the  same  with  such 
material  as  the  Common  Council  shall  order,  at  its  own 
expense,  and  keep  and  maintain  the  same  likewise,  all  of 
which  is  to  be  done  to  the  satisfaction  of  the  City  Civil 
Engineer  and  the  Common  Council : Provided,  however. 

That  the  said  company  shall  not  be  required  to  build  a 
more  expensive  pavement  for  its  portion  than  is  required 
for  the  balance  of  the  street,  if  other  than  cobble  stone  is 
required  for  it.  Said  company  shall  not  be  required  to 
build  or  maintain  any  other  portion  of  said  street  than 
specified  above,  except  that  it  shall  maintain  and  keep  in 
repair,  after  the  same  shall  have  been  built  or  repaired, 
said  street  to  a distance  of  twelve  inches  from  the  outside 
rail  of  each  track,  to  be  so  kept  and  maintained  in  repair  by 
said  company  at  its  own  expense  to  the  satisfaction  of  said 
Common  Council. 

391  Sec.  4.  The  rails  constituting  the  said  track 
shall  be  the  modern  improved  rail,  not  less  than  forty 
pounds  in  weight  to  the  yard,  and  to  be  satisfactory  to  the 
Mayor  and  Common  Council  of  said  city,  and  none  of  the 
rails  of  said  track  shall  be  laid  above  the  surface  of  the 
street. 

392  Sec.  5.  Said  company  shall  keep  said  track  in 


FORT  WAYNE  STREET  RAILROAD  CO. 


281 


such  a condition  that  it  shall  not  at  any  time  be  above  the 
surface  of  said  street,  so  that  vehicles  can  easily  and  freely 
at  all  times  cross  said  tracks  at  all  points,  in  any  direction, 
without  interference  or  obstruction,  and  if  said  company 
shall  fail  or  neglect  to  comply  with  the  provisions  of  this 
section,  the  Common  Council  shall  cause  a notice,  which 
shall  not  be  less  than  five  days,  within  which  time 
said  company  shall  place  said  track,  or  part  thereof, 
in  the  condition  required  by  this  ordinance,  and  if  said 
company  shall  within  the  time  fixed  by  the  Common  Coun- 
cil fail  to  do  so,  said  company  shall  forfeit  and  pay  to  said 
city  twenty-five  dollars  ($25.00)  for  each  day  of  such 
neglect  and  failure  after  the  expiration  of  said  time,  as  fixed 
by  said  Common  Council  and  notice  thereof,  and  the  City 
Attorney  shall,  upon  the  order  of  the  Common  Council, 
prosecute  such  forfeiture  to  judgment  and  execution  in  any 
court  of  competent  jurisdiction. 

393  Sec.  6.  And  the  Common  Council  shall  have 
the  power  at  all  times  to  make  such  regulations  as  to  the 
use  of  the  cars  and  the  rate  of  speed  as  public  health,  safety 
and  convenience  may  require.  The  cars  upon  said  track 
shall  be  moved  or  operated  by  animal  power  only.  Cars 
shall  run  upon  said  track  from  6 a.  m.  until  ii  o’clock  p.  M. 
of  each  and  every  day,  and  not  to  exceed  fifteen  minutes 
apart  in  each  direction  after  completion. 

394  Sec.  7.  The  cars  of  said  company  shall  be  en- 
titled to  said  track  in  all  cases.  When  any  team  or  vehicle 
shall  meet  or  be  overtaken  by  a car,  such  team  or  vehicle 
shall  give  way  to  such  car,  nor  shall  any  person  wilfully 
or  purposely  obstruct  or  interfere  with  any  of  the  cars  by 
driving  or  stopping,  or  causing  to  be  placed  or  driven  at  a 
slow  pace,  or  stopped,  any  team  or  vehicle  or  other  ob- 
stacle, in,  upon,  along,  across  or  near  the  track  of  said 
company,  after  being  notified  by  the  driver,  or  the  ringing 
of  the  bell,  or  otherwise,  and  any  person  violating  this 
section  shall,  upon  conviction,  forfeit  and  pay  a fine  to  said 
city  of  not  to  exceed  one  hundred  dollars  ($100.00.) 

395  Sec.  8.  It  shall  be  lawful  for  the  city  to  exca- 
vate, or  permit  to  be  excavated,  said  streets  where  the 


Track,  how 
kept. 


Failure  to  re- 
pair. 


Penalty. 


Speed,  rate  of. 


ars,  right  of 
way  of. 


Excavation  by 
city. 


282 


LAWS  AND  ORDINANCES. 


Relaying 
track,  duty  of 
Company. 


City  indemni- 
fied. 


Removal  of 
earth. 


Cuts  and  fills. 


same  shall  be  necessary  for  public  purposes,  and  in  case  the 
same  is  done,  it  shall  be  the  duty  of  said  company  to  protect 
its  own  property  and  rights  as  best  it  can  pending  such 
excavation. 

396  Sec.  9.  And  in  relaying  or  paving  such  track, 
or  any  part  thereof,  it  shall  be  the  duty  of  said  company 
to  leave  that  portion  of  said  street  to  be  maintained  by  the 
city  in  as  good  condition  as  the  same  was  before  the  laying 
or  relaying  of  such  track,  or  part  thereof,  by  said  company. 

397  Sec.  10.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  said  City  of  Fort  Wayne 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same  which  it  may  suffer 
or  which  may  be  recovered  or  obtained  against  it  for,  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  here- 
with, or  by  the  exercise  of  the  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  company, 
its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

398  Sec.  II.  And  upon  the  further  condition  that 
said  company,  in  laying  of  rails  and  making  of  its  road-bed, 
if  it  shall  be  necessary  to  remove  any  earth  or  other  sub- 
stances from  said  street  or  way,  that  it  shall  cause  all  such 
earth  or  other  material  to  be  placed  upon  such  street  or 
way  as  shall  be  directed  by  the  Street  Commissioner  or  the 
Common  Council’s  Committee  on  Streets. 

399  Sec.  12.  And  said  company  agrees  in  accepting 
such  ordinance  that  if,  in  the  laying  of  its  tracks  upon  the 
grade  given  by  the  City  Engineer,  which  shall  be  the  only 
grade,  it  becomes  necessary  for  said  company  to  cut  down 
or  fill  up,  as  the  case  may  be,  the  whole  of  said  street  or 
roadway  from  its  tracks  to  the  sidewalks  bordering  thereon, 
so  as  to  make  such  street  or  roadway  of  uniform  grade, 
said  work  to  be  done  at  its  own  expense  and  to  the  satis- 
faction of  the  Common  Council’s  Committee  on  Streets  and 
the  City  Civil  Engineer. 

400  Sec.  13.  And  the  privileges  herein  granted  to 
said  company  are  upon  the  further  condition  that  any  pas- 


l-'OKT  WAVNl*:  STKICICT  KAIIJx’OAD  CO. 


2<S3 


scMii^cr  Iiavini;’  ])ai(l  fare  ii])on  said  line  herein  named,  may, 
williont  extra  cliaro-e,  travel  to  his  destination  n])on  any 
other  line  of  said  eompany,  whose  ear  shall  make  immediate 
eonneelion  therewith  on  said  first  nanu'd  line  at  the  corner 
of  Main  and  Chdhonn  strc'ets,  withont  payiiiL^  extra  fare. 
r>y  this  section  said  company  is  not  hound  to  make  imme- 
diate connections,  hnt  if  the  cars  upon  the  different  lines 
do  make  connections  immediately,  then  one  fare  shall  ]>ay 
for  a conlinnous  tri]). 

401  Sice,  14.  ddie  side-tracks  and  the  switches  shall 
1k'  ihe  Diamond  switches,  and  no  side-track  or  switch  can 
he  laid  closer  together  than  1,100  feet  from  each  other, 
unless  hv  order  of  tlu'  C'ommon  C'onncil,  its  Committee  on 
Streets,  and  the  Mayor.  Said  work  shall  he  commenced 
not  later  than  ( )ctoher  ist,  i8()o,  on  said  route,  and  its  tracks 
shall  he  finished  not  later  than  ()ctoher  ist,  i(S()i. 

402  Si'.c.  V5.  The  said  company  shall  continue  to  op- 
erate its  present  line  of  street  railroad  upon  Main,  La- 
fayette, h"ast  JefTerson,  I larmer  and  Washiiii^ton  streets,  in 
said  city,  and  the  cars  shall  nm  upon  said  line  not  to  exceed 
fifteen  minutes  apart  in  each  direction. 

403  vSi'X'.  16.  In  case  said  conpiany  should  lay  its 
tracks  or  any  of  them  uikUm-  the  j^'ronnd  herein,  before  the 
|)ermanent  paving'  of  any  of  the  streets  herein  named,  said 
company  and  its  assignees  hereby  ac^'rees,  if  necessary,  in 
the  opinion  of  the  Council,  to  raise,  lower  or  chaipc^e  the 
"rade  of  its  tracks,  at  its  own  expense,  so  as  to  conform 
with  the  i^'rade  of  such  streets  when  improved. 

404  Si  '.c.  17.  d'he  said  company  shall  enter  into  a 
^mod  and  siifficient  bond  with  said  city  in  the  penal  sum 
of  five  tluMisand  dollars  ($5,000.00)  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  in  this  ordinance, 
and  that  said  track  shall  be  constructed  and  completed  as 
herein  ])rovided. 

Done  at  tbe  Council  Chamber  this  24th  day  of  June, 
1890. 

DANIEL  T..  TTARi:)TNG,  Mavor. 
RUDY  C.  REfNEWAT.D,  City  Clerk. 


Fares 

and  transfers. 


Switches,  kind 


Continue 
to  operate  on 
certain 
streets. 


Relaying 
tracks  to  con- 
form to  grade 


Bond. 


Attest : 


284 


LAWvS  AND  ORDINANCES. 


C.  L.  Centlivre 
Street  Rail- 
way Com- 
panl,  double 
track. 

On  Superior 
street  and 
Spy  Run. 


lectricity  to  be 
used. 

Pavement  and 
repairs,  ma- 
terial. 


Rails. 


Crossings. 


GENERAL  ORDINANCE  NO.  3. 

(June  26,  1894.) 

AN  ORDINANCE  relating  to  the  eonstruetion  and  niain- 
tenanee  of  a double  track  on  Superior  street  and  Spy 
Run  avenue,  from  the  east  line  of  Calhoun  street  to 
within  fifty  feet  of  the  bridge,  and  a single  track  from 
this  point  to  the  bridge  crossing  the  St.  Mary’s  river. 

405  Sec.  I.  Be  it  ordained  by  the  Conunon  Council 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  granted  and  vested,  upon  the  condi- 
tions hereinafter  named,  nnto  the  C.  L.  Centlivre  Street 
Railway  Company,  its  successors  and  assigns,  as  herein- 
after provided,  to  lay,  construct  and  maintain  and  operate 
a double  track  street  railroad  from  the  east  line  of  Calhoun 
street,  on  Superior  street,  to  within  fifty  feet  of,  and 
a single  track  from  this  point  up  to  the  bridge  crossing 
the  St.  Mary’s  river,  on  Spy  Run  avenue,  and  the  right 
to  connect  by  proper  curves  or  switches  with  the  tracks  of 
the  Eort  Wayne  Electric  Railway  Company  at  the  corner 
of  Calhoun  and  Superior  streets. 

406  Sec.  2.  The  said  road  to  be  operated  by  elec- 
tricity. 

407  Sec.  3.  1 he  said  company  shall  at  the  time  it 

lays  and  constructs  said  tracks,  pave,  maintain  and  keep 
in  repair  all  that  part  of  said  street  lying  between  the  outer 
rails  of  both  tracks,  including  that  part  of  the  street  lying 
between  the  inner  rails  of  said  tracks,  with  first  class  vitri- 
fied paving  brick  and  broken  stone  foundation  of  such 
thickness  and  quality  as  may  be  required  by  the  Board  of 
Public  Works. 

And  provided  that  the  rails  used  in  the  construction 
of  said  track  shall  be  a first  class  modern  rail  to  be  satis- 
factory to  the  Board  of  Public  Works  of  said  city. 

And  provided,  further,  that  in  crossing  any  paved  or 
unpaved  street  the  company  shall  place  the  crossings  out- 
side the  outer  rails  in  as  good  repair  as  before  making 
crossings. 

And  provided,  further,  that  at  any  time  the  Board  of 


C.  L.  CKNTLIVKK  STRKKT  RAILWAY  CO.  285 

Public  Works  deems  it  advisable  that  all  said  street  shall 
be  paved,  then,  in  that  case,  if  said  street  is  paved,  they 
shall  have  the  right  to  require  the  said  company,  at  their 
own  expense,  to  take  up  and  remove  the  pavement  as  here- 
inbefore provided  for,  and  replace  the  same  with  a pave- 
ment of  the  same  kind  and  quality  that  the  said  Board  of 
Public  Works  directs  that  shall  be  placed  upon  the  re- 
mainder of  said  street. 

And  provided,  further,  that  if  all  of  the  said  street  is 
paved,  said  company  shall  be  required  to  pave,  maintain 
and  keep  in  repair  in  addition  to  the  surface  of  said  street, 
already  herein  provided  for,  to  be  paved,  two  strips  of 
ground,  each  twelve  inches  wide,  lying  directly  contiguous 
to  the  outside  of  the  outer  rails  of  both  tracks.  Said  work 
to  be  done  at  the  same  time  and  to  the  satisfaction  of  the 
Board  of  Public  Works. 

408  Sec.  4.  That  said  company  shall  be  allowed  to 
operate  its  cars  on  said  tracks  by  electricity,  using  the  storage 
battery,  conduit,  overhead  wires,  or  such  other  system  as 
said  company  may  deem  most  practical,  in  pursuance  of 
and  compliance  with  the  ordinances  of  said  city  while  all 
provisions  of  this  ordinance  are  fulfilled  by  said  company, 
its  successors  and  assigns.  And  to  that  end  for  such  pur- 
pose said  company  shall  have  the  right  to  construct  such 
conduits  between  its  tracks,  or  to  erect  and  maintain  poles, 
wires,  fixtures,  and  all  other  appurtenances,  appliances  and 
fixtures  for  conducting  currents  of  electricity  for  the  pur- 
pose of  producing  motive  power  to  propel  and  operate  the 
said  cars  on  said  street  railroad. 

409  Sec.  5.  In  .case  said  company  adopts  and  uses 
a trolley  or  overhead  wire  system  for  operating  said  street 
railroad  by  electricity,  then  the  poles  and  wires  used  by  it 
in  such  operation  shall  not  be  less  than  eighteen  feet  nor 
more  than  twenty-five  feet  above  the  surface  of  the  ground. 
And  all  of  said  poles  shall  be  placed  inside  of  the  curb  and 
be  made  of  iron  and  painted  in  such  manner  and  as  often 
as  the  Board  of  Public  Works  from  time  to  time  directs. 

410  Sec.  6.  The  Common  Council  shall  have  the 


Paving  street, 
uower  of 
Board  of  Pub- 
lic Works. 


Repairs  out- 
side of  rails, 
how  kept. 


How  operated. 


May  construct 
conduits, 
erect  poles, 
wires,  etc. 


Trolley  wires, 
poles,  how 
high  and 
where  placed. 


25 


286 


LAWS  AND  ORDINANCES. 


Speed,  regula- 
tion of. 

Conditions, 
subject 
to  ordinance. 


Kind  of  cars 
to  be  used. 


How  operated 
and  managed. 


Indemnity  to 
city. 


Bond. 


power  at  all  times  to  make  such  regulations  as  to  the  rate 
of  speed  as  public  safety  and  convenience  may  require. 

411  Sec.  7.  The  permission  herein  granted  shall  be 
subject  to  all  of  the  conditions  of  this  ordinance,  and  of 
the  several  ordinances  in  and  by  virtue  of  which  the  said 
company  is  now  permitted  to  operate  its  said  railroad  lying 
along  said  streets  of  said  city,  except  as  to  the  rate  of  speed. 

412  Sec.  8.  The  C.  L.  Centlivre  Street  Railroad 
Company,  its  successors  and  assigns,  shall  use  and  continue 
on  said  railroad  first  class  cars  equipped  with  all  the  modern 
improvements  for  the  convenience  and  comfort  of  pas- 
sengers. Said  company  shall  operate  and  manage  its  said 
road  as  the  public  safety  may  require,  with  due  regard  to 
the  safety  of  those  using  same,  and  those  lawfully  in  and 
about  the  public  streets  of  said  city.  And  said  company 
shall,  upon  special  occasions  of  unusual  travel,  when  the 
travel  averages  more  than  twenty-five  passengers  to  a car 
per  trip  each  way  per  day,  employ  a conductor  on  such  car 
at  such  times  to  collect  fares. 

413  Sec.  9.  The  said  company,  its  successors  and 
assigns,  do  obligate  themselves  to  comply  with  all  the  con- 
ditions and  provisions  of  this  ordinance,  and  that  they  shall 
forever  indemnify  and  save  harmless  the  City  of  Fort 
Wayne  from  all  costs,  .expense  and  damages  suffered  or 
incurred  by  it,  and  from  all  judgments  and  decrees  rendered 
against  it  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  con- 
nected therewith,  or  by  the  exercise  of  the  said  company, 
its  successors  or  assigns,  of  the  privileges  hereby  granted, 
or  from  any  act  of  said  company,  jts  successors  or  assigns, 
their  servants  or  agents,  under  and  by  virtue  of  this  ordi- 
nance or  failure  to  comply  with  any  provisions  thereof,  ^.nd 
to  that  end  said  company,  its  successors  and  assigns,  upon 
accepting  this  ordinance,  shall  execute  to  said  city  and  there- 
after keep  a good  bond  in  the  penal  sum  of  twenty  thou- 
sand dollars  ($20,000.00),  with  surety  fo  be  approved  by 
the  Mayor  and  filed  with  the  Department  of  Finance,  con- 
ditioned that  said  company,  its  successors  and  assigns,  will 


C.  L.  CENTLIVEE  STREET  RAILWAY  CO. 


287 


SO  protect  and  save  harmless  said  city  and  comply  with  all 
the  conditions  and  provisions  of  this  ordinance. 

414  Sec.  io.  The  said  company  shall  adopt  and 
actually  commence  the  construction  of  a system  of  elec- 
tricity on  the  streets  for  the  operation  of  its  street  railroad 
within  two  months  from  the  date  of  passage  pi  this  ordi- 
nance, and  shall  have  all  the  said  lines  equipped  and  in 
operation  by  such  system  within  twelve  months  from  the 
passage  of  said  ordinance,  and  upon  the  failure  of  said  com- 
pany to  actually  commence  the  construction  of  such  system 
in  good  faith  within  said  two  months  and  have  the  same 
completed  within  twelve  months,  then  all  rights  and  privi- 
leges herein  and  hereby  granted  shall  cease  and  be  forfeited. 

415  Sec.  II.  All  rights,  privileges  and  permission 
granted  and  vested  unto  the  C.  L.  Centlivre  Street  Railway 
Company  by  virtue  of  this  ordinance  and  all  former  ordi- 
nances is  upon  the  expressed  condition  that  in  case  any  ter- 
ritory or  suburbs  through  which  said  company,  its  successors 
and  assigns,  operate  street  railroads  is  annexed  to  or  become 
part  of  the  City  of  Fort  Wayne,  then  in  that  case  all  street 
railroads  so  operated  by  them  on  the  streets  or  roads  of 
such  annexed  territory  by  virtue  of  any  ordinance  to  said 
company  granted,  shall  be  governed  by  and  be  subjected 
to  all  the  requirements  and  conditions  of  this  ordinance 
and  ordinances  governing  street  railroads.  Except  said 
company  will  not  be  required  to  pave  the  space  between  the 
tracks  on  those  streets  within  such  annexed  territory  until 
the  remainder  of  such  streets  are  paved.  But  said  company 
shall  be  required  at  all  times  to  gravel  and  maintain  at  its 
own  expense  that  part  of  the  streets  between  the  outer  rail 
of  its  tracks,  including  the  space  between  the  inner  rails  if 
there  is  double  track,  and  keep  the  same  in  as  good  repair 
and  condition  as  the  balance  of  said  street  shall  be  at  that 
time.  Said  work  to  be  done  to  the  satisfaction  of  the  Board 
of  Public  Workl 

416  Sec.  12.  All  rights,  privileges  and  permissions 
granted  to  or  vested  in  the  C.  L.  Centlivre  Street  Railway 
Company,  its  successors  and  assigns,  by  virtue  of  this  ordi- 
nance and  all  former  ordinances  to  said  company  granted 


When  to  begin 
construction 
of. 


Forfeiture. 

Conditions 
when  terri- 
tory Is  an- 
nexed. 


Limit  of  fran- 
chise. 


When  in  force. 


Amendment 
to  certain  or- 
dinance. 


Fort  Wayne 
Street  Rail- 
road Com- 
pany, Wells 
street. 

Double  track. 


288  LAWS  AND  ORDINANCES. 

shall  cease,  revert  to  and  become  the  property  of  the  City 
of  Fort  Wayne  in  ninety-nine  years  from  the  date  of  the 
passage  of  this  ordinance. 

417  Sec.  13.  This  ordinance  shall  take  effect  and  be 
in  full  force  and  effect  from  and  after  its  passage  and  filing 
by  said  company,  its  successors  or  assigns,  the  bond  as  here- 
inbefore provided  for  and  written  acceptance  of  the  terms 
and  conditions  thereof  within  thirty  days  after  the  passage 
of  the  same. 

This  ordinance  is  intended  as  an  amendment  of  a cer- 
tain ordinance  passed  by  the  Common  Council  of  said  city 
of  Fort  Wayne  on  the  13th  day  of  September,  1887,  granting 
to  Charles  L.  Centlivre  and  his  assigns  the  right  to  lay  and 
construct  a single  track  street  railroad  on  Superior  street, 
from  the  eastern  terminus  thereof  to  the  east  line  of  Calhoun 
street,  and  for  the  purpose  of  granting  said  C.  L.  Centlivre 
Street  Railway  Company  permission  to  change  said  road  to 
a double  track  road  and  to  operate  the  same  with  electricity. 

Approved  by  us  this  i8th  day  of  June,  1894,  and  its 
passage  recommended  by  the  Common  Council  of  the  City 
of  Fort  Wayne,  Indiana.  [Approved  June  20,  1894.] 


AN  ORDINANCE  authorizing  the  construction  and  main- 
taining of  a double  track  street  railroad  upon  Wells 
street,  from  a point  fifty  feet  north  of  the  Lake  Shore  & 
Michigan  Southern  Railroad  to  Huffman  street,  and  a 
single  track  street  railroad  from  the  St.  Mary's  river 
bridge  to  said  point  fifty  feet  north  of  said  Lake  Shore 
& Michigan  Southern  Railroad. 

418  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  consent,  permission  and 
authority  are  hereby  granted  and  vested  unto  the  Fort 
Wayne  Street  Railroad  Company,  its  successors  and  assigns, 
to  lay,  construct,  operate  and  maintain  a double  track  street 
railroad  upon  Wells  street,  from  a point  fifty  feet  north  of 
the  Lake  Shore  & Michigan  Southern  Railroad  to  Huffman 
street,  and  a single  track  street  railroad  on  said  Wells  street, 
from  the  St.  Mary’s  river  bridge  to  said  point  fifty  feet  north 


Read  these  lines  afltei*  woi*ds 
Indiana,  its  sxTCcessors,^'’  line 
section  41  1>. 

and  assigns,  for  the  construction  and  operation  of  a double 
track  street  railroad  upon  Calhoun  street,  except  that  said 
company,  its  successors  and  assigns,  will  be  required  to  pave 
and  maintain  that  part  of  said  street  herein  mentioned  be- 
tween the  rails  of  each  of  said  tracks,  as  well  as  that  portion 
of  said  street  that  lies  between  said  tracks  with  vitrified 


FORT  WAYNE  STREET  RAILROAD  CO. 


289 


of  said  Lake  Shore  & Michigan  Southern  Railroad,  and  to 
operate  tlie  same  by  electricity,  conditioned,  however,  that 
upon  accepting  the  rights  and  privileges  herein  granted  the 
said  street  railroad  company,  its  successors  and  assigns,  re- 
leases unto  said  City  of  Fort  Wayne  its  franchises  on  Cass 
street  and  Third  street,  and  that  the  said  company  removes 
therefrom  all  tracks  and  turnouts  therein. 

In  removing  said  tracks  from  Cass  street  and  Third 
street,  the  said  company  shall  leave  the  surface  of  said  street 
even  and  smooth  and  fill  with  good  grade  of  gravel,  well 
packed,  the  excavations  left  vacant  by  the  removal  of  the 
tracks  or  any  parts  thereof,  and  to  pave  with  cobble  stone 
that  portion  of  Cass  street  left  vacant  by  the  removal  of 
the  track  to  the  extent  that  Cass  street  is  now  paved  with 
cobble  stone. 

419  Sec.  2.  This  ordinance  is  made  subject  to  all 

the  provisions  and  restrictions  of  the  ordinance  and  amend- 
ments thereto  heretofore  granted  to  the  Citizens’  Street 
Railroad  Company,  of  Fort  Wayne,  Indiana,  its  successors 
paving  brick,  upon  a foundation  of  six  inches  of  broken 
stone  and  three  inches  of  sand : Provided,  however.  That 

the  broken  stone  removed  from  the  said  street  to  make  room 
for  the  said  track  and  brick  pavement  is  to  be  placed  in  and 
along  said  street  next  to  the  gutters  in  a manner  satisfactory 
to  the  City  Civil  Engineer. 

This  ordinance  is  likewise  subject  to  all  the  terms,  con- 
ditions and  stipulation  of  a certain  ordinance  entitled  ‘‘An 
ordinance  relating  to  the  use  of  electricity  as  a motive  power 
by  the  Fort  Wayne  Street  Railroad  Company,  passed  by  the 
Common  Council  of  said  city  on  the  23rd  day  of  Feb- 
ruarv.  1892. 

420  Sec.  3.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  with  said  city  in  the  penal  sum  of 
five  thousand  dollars  ($5,000.00)  for  the  faithful  perform- 
ance of  all  the  terms  and  conditions  contained  in  this  ordi- 
nance. 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne  this  ist  day  of  July,  1892. 

* C.  A.  ZOLLINGER,  Mayor. 
Attest : RUDY  C.  REINEWALD,  City  Clerk. 


Electric  power. 


Removing 
tracks  from 
Cass  street. 


Pavement, 
extent  of. 


Foundation. 


Subject  to  pre- 
vious 

ordinances. 


Bond. 


290 


LAWS  AND  ORDINANCES. 


Fort  Wayne 
Electric  Rail- 
way Com- 
pany, Lewis 
street,  double 
track. 


Subject  to  pre 
vious  ordi- 
nances. 


Pavement,  ex- 
tent of. 


Repairs. 


Completed, 

when. 


AN  ORDINANCE  relating  to  the  eonstruction  and  main- 
tenance of  a double  track  street  railroad  on  Lewis  street, 
from  Clinton  street  east  to  Walton  avenue. 

421  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  (two-thirds  of  all  the  members 
concurring)  That  consent,  permission  and  authority  are 
hereby  granted  and  vested  unto  the  Fort  Wayne  Electric 
Railway  Company,  its  successors  and  assigns,  to  lay,  con- 
struct, maintain  and  operate  a double  track  street  railroad 
on  Lewis  street,  from  Clinton  street  east  to  Walton  avenue. 

422  Sec.  2.  This  ordinance  is  made  subject  to  all 
the  provisions  and  restrictions  of  two  certain  ordinances 
heretofore  granted  to  the  Fort  Wayne  Street  Railroad  Com- 
pany, its  successors  and  assigns,  entitled  “An  ordinance  re- 
lating to  the  use  of  certain  streets  therein  named  by  the 
Fort  Wayne  Street  Railway  Company,  of  Fort  Wayne, 
Indiana,”  passed  on  the  24th  day  of  June,  1890,  being  an 
ordinance  relating  to  the  construction  and  maintaining  of 
a street  railroad  by  said  company  on  Clinton  street  and 
Lewis  street,  and  also  an  ordinance  entitled  “An  ordinance 
relating  to  the  use  of  electricity  as  a motive  power  by  the 
Fort  Wayne  .Street  Railroad  Company,”  passed  by  the  Com- 
mon Council  of  said  city  on  the  23rd  day  of  February,  1892, 
except  as  herein  modified  and  changed. 

423  Sec.  3.  Said  company  shall  at  the  time  it  lays 
and  constructs  said  tracks,  pave  and  maintain  that  part  of 
said  street  between  the  outer  rails  of  its  said  tracks  with 
first  class  vitrified  paving  brick,  upon  a foundation  of  not 
less  than  six  inches  of  broken  stone  and  two  inches  of  sand, 
and  after  the  city  has  paved  the  balance  of  said  street,  and 
it  becomes  necessary  to  and  the  said  city  does  again  pave 
the  balance  of  said  street  a second  time  the  said  company 
shall  pave  and  maintain  said  portion  thereof  between  the 
outer  rails  of  said  track,  including  that  part  between  its 
tracks,  with  the  same  material  that  the  balance  of  said  street 
is  then  paved  with. 

424  Sec.  4.  The  said  company  shall  have  said 
double  track  completed  and  in  operation  by  the  first  day  of 
January,  1893. 


fort  WAYNE  electric  RAILWAY  CO. 


291 


425  Sec.  5.  Said  company  shall  enter  into  a good 
and  sufficient  bond  with  the  said  city  in  the  penal  sum  of 
five  thousand  dollars  ($5,000.00)  for  the  faithful  perform- 
ance of  all  the  terms  and  conditions  contained  in  this  ordi- 
nance. 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne  this  2nd  day  of  September,  1892. 

C.  A.  ZOLLINGER,  Mayor. 

Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


STREET  RAILWAY  ORDINANCE. 

AN  ORDINANCE  relating  to  the  eonstruetion  and  niain- 
tenanee  of  a double  traek  street  railroad  on  Broadway, 
from  Main  street  to  Washington  street. 

426  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne  (two-thirds  of  all  the  members 
concurring).  That  consent,  permission  and  authority  are 
hereby  granted  and  vested  unto  the  Eort  Wayne  Electric 
Railway  Company,  its  successors  and  assigns,  to  lay,  con- 
struct, maintain  and  operate  a double  track  street  railway 
on  Broadway,  from  the  center  of  Main  street  to  the  south 
line  of  Washington  street. 

That  said  company,  at  the  time  it  lays  and  constructs 
said  track,  pave  and  maintain  that  part  of  said  streets  be- 
tween the  outer  rails  of  its  tracks  with  first  class  vitrified 
paving  brick  upon  a concrete  foundation,  and  after  the  city 
has  paved  the  balance  of  said  street,  and  it  becomes  neces- 
sary to  again  repave  it,  the  said  company  shall  pave  and 
maintain  said  portion  thereof  between  the  outer  rails  of  said 
tracks,  including  that  part  between  its  tracks,  with  the  same 
material  that  the  balance  of  said  street  is  then  paved  with. 

And  provided  that  the  rails  used  in  the  constructing  of 
said  track  shall  be  the  modern  improved  T rail,  and  to  be 
satisfactory  to  the  Mayor  and  Civil  Engineer. 

And  provided,  further.  That  in  the  crossing  of  any 
paved  street  said  company  shall  restore  the  crossings  outside 
the  outer  rails  to  as  good  repair  as  before  making  such 
crossings. 


Bond. 


Fort  Wayne 
Electric  Rail- 
way Com- 
pany, double 
track 

on  Broadway. 


Kind  of  rails 
used. 


Crossings. 


292 


LAWS  AND  ORDINANCES. 


Conditions 

grant. 


Bond. 


of  427  Sec.  2.  This  ordinance  is  made  subject  to  all 
the  provisions  and  restrictions  of  two  certain  ordinances 
heretofore  granted,  one  to  the  Citizens’  Street  Railway 
Company,  its  successors  and  assigns,  entitled  “An  ordinance 
relating  to  the  use  of  Calhoun  street  by  the  Citizens’  Street 
Railway  Company,  of  Fort  Wayne,  Indiana,”  passed  on  the 
14th  day  of  December,  1886,  being  an  ordinance  in  relation 
to  the  construction  of  a double  track  on  Calhoun  street,  the 
other  ordinance  entitled  “An  ordinance  relating  to  the  use 
of  electricity  as  a motive  power  by  the  Fort  Wayne  Street 
Railroad  Company,”  passed  by  the  Common  Council  of  said 
city  on  the  23rd  day  of  February,  1892,  -except  as  herein 
modified. 

modified  and  changed. 

428  Sec.  3.  The  said  company  shall  enter  into  a 
good  and  sufficient  bond  in  the  penal  sum  of  one  thousand 
dollars  ($1,000.00)  for  the  faithful  performance  of  all  the 
terms  and  conditions  contained  in  this  ordinance. 

429  Sec.  4.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  acceptance,  provided  the  same  is  ac- 
cepted by  said  company  within  ten  days  after  the  passage 
thereof,  otherwise  to  be  null  and  void. 

430  Sec.  5.  Done  at  the  Council  Chamber  of  the 
City  of  Fort  Wayne,  this  13th  day  of  June,  1893. 

C.  A.  ZOLLINGER,  Mayor. 

Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


GENERAL  ORDINANCE  NO.  160. 

AN  ORDINANCE  confirming  and  approving  a certain 
agreement  and  contract  made  and  entered  into  February 
27,  /poo,  by  and  between  the  City  of  Fort  Wayne, 
through  its  Board  of  Public  Works  and  J.  H.  Simon- 
son, Fouis  J.  Bobilya,  Edward  White,  James  M. 
McKay,  John  W.  White,  Asahel  S.  Cover  dale,  Christian 
C.  Schlatter,  William  Geake,  Franklin  P.  Wilt, 
William  Kaough,  Perry  R.  Smith,  Henry  S.  Thayer  and 
John  D.  Olds. 

430-A  Whereas,  heretofore,  to-wit,  on  February  27, 


INDIANA  AND  OHIO  TRACTION  CO. 


293 


1900,  the  Board  of  Public  Works  of  the  City  of  Fort 
Wayne,  State  of  Indiana,  on  and  in  behalf  of  the  City  of 
Fort  Wayne,  entered  into  the  following  agreement  and  con- 
tract, namely : 

Whereas,  heretofore,  to-wit,  on  the  27th  day  of  Feb- 
ruary, 1900,  the  City  of  Fort  Wayne,  by  and  through  its 
Board  of  Public  Works,  entered  into  the  following  contract 
and  agreement  with  the  Indiana  and  Ohio  Traction  Com- 
pany, namely : 

Witnesseth  : This  agreement  made  and  entered  into  this 
27th  day  of  February,  1900,  by  and  between  the  City  of  Fort 
Wayne,  of  Allen  County,  Indiana,  (hereinafter  called  the 
city)  by  and  through  its  Board  of  Public  Works,  party  of 
the  first  part,  and  James  H.  Simonson,  Louis  J.  Bobilya, 
Edward  White,  James  M.  McKay,  John  W.  White,  Asahel 
S.  Coverdale,  Christian  C.  Schlatter,  William  Geake,  Frank- 
lin P.  Wilt,  William  Kaough,  Perry  R.  Smith,  Henry  S. 
Thayer  and  John  D.  Olds,  parties  of  the  second  part,  wit- 
nesseth : 


430-B  I.  That  the  party  of  the  first  part  by  and 
through  its  Board  of  Public  Works  aforesaid,  under  and 
by  virtue  of  the  powers  conferred  upon  it  by  an  act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled,  “An  act 
concerning  the  incorporation  and  government  of  cities  hav- 
ing a population  of  not  less  than  thirty-five  thousand 
(35,000)  nor  more  than  forty-nine  thousand  (49,000),  ac- 
cording to  the  United  State  census  last  preceding,  and  mat- 
ters connected  therewith,  and  declaring  an  emergency,’’ 
approved  March  6,  1893,  does  hereby  subject  to  the  condi- 
tions herein  expressed,  authorize  and  empower  the  said  com- 
pany, party  of  the  second  part,  its  successors  and  assigns, 
and  by  the  terms  of  this  contract  consent,  permission  and 
authority  are  by  the  said  company  given  and  granted  unto 
said  company,  party  of  the  second  part,  from  and  after  the 
approval  and  ratification  of  this  contract  by  an  ordinance  of 
the  Common  Council  of  the  city,  subject  to  the  conditions 
hereinafter  prescribed  and  expressed,  to  lay  and  maintain  a 
single  track  for  an  interurban  street  passenger  railway  line, 
with  the  right  to  haul  light  express,  mail  and  passenger  bag- 


Contract  of 
city,  Indiana 
& Ohio 
Traction  Co. 


Extent  of 
authority 
vested 
by  contract. 


294 


LAWS  AND  ORDINANCES. 


Streets 
authorized  to 
be  used. 


Switches  and 
curves 
authorized, 
where. 


gage  in  connection  therewith,  to  be  operated  by  electricity 
or  other  improved  power  to  be  approved  by  said  Board,  with 
all  proper  and  convenient  turnouts,  switches,  feed  wires  and 
poles  which  may  be  necessary  for  the  successful  operation  of 
a street  railway  system  in,  along  and  upon  the  streets  and 
avenues  of  said  city  hereafter  named  and  described,  and  to 
use,  maintain  and  operate  the  same,  and  to  charge,  demand 
and  receive  -from  passengers,  rates  of  fare  as  hereinafter 
provided,  for  and  in  consideration  of  and  subject  to  the 
terms,  conditions  and  limitations  herein  prescribed. 

On  Lake  avenue,  from  Walton  avenue  to  the  middle 
line  of  St.  Joe  boulevard. 

On  St.  Joe  boulevard,  from  Lake  avenue  to  the  east  end 
of  the  Maumee  river  bridge. 

On  Maumee  bridge,  from  the  east  end  to  the  west  end 
thereof. 

On  Columbia  street,  from  the  west  end  of  Maumee 
bridge  to  Harrison  street. 

On  Harrison  street  south  to  Pearl  street. 

On  Pearl  street  to  Fulton  street. 

On  Fulton  street  to  Brackenridge  street. 

On  Brackenridge  street  to  Fairfield  avenue. 

On  Fairfield  avenue  to  Taylor  street. 

On  Taylor  street  to  Fox  avenue. 

On  Fox  avenue  to  Grace  avenue. 

On  Grace  avenue  to  Broadway. 

On  Broadway  to  the  east  end  of  St.  Mary’s  river  bridge. 

The  streets  and  avenues  herein  named  are  intended  to 
be  streets  and  avenues  heretofore  and  popularly  known  by 
the  names  herein  mentioned,  whether  such  names  are  in  fact 
the  legal  designations  of  such  streets  and  avenues  or  not. 

The  routes  and  lines  of  street  railway  so  located,  as 
aforesaid,  may  be  connected  with  suitable  curves  and 
switches,  and  feed  wire  lines  may  be  erected  along  said 
route  or  elsewhere,  subject  in  every  case  to  the  approval  of 
the  said  Board  of  Public  Works.  In  consideration  of  the 
rights  and  privileges  herein  and  hereby  granted  to  the  said 
company,  party  of  the  second  part,  its  successors  and  assigns, 
upon  the  considerations  herein  fixed  and  expressed,  that  the 


INDIANA  AND  OHIO  TRACTION  CO. 


295 


said  company  agrees  and  binds  itself,  its  successors  and 
assigns,  to  the  following  conditions,  to-wit : 

430-C  2.  It  is  agreed  by  and  between  the  said  parties 

that  the  said  company,  party  of  the  second  part,  may  charge 
and  be  entitled  to  receive  the  following  rates  of  fare,  and  no 
more,  for  each  passenger  over  the  age  of  five  years  riding 
upon  said  company’s  cars  within  the  limits  herein  described, 
and  who  shall  have  paid  cash  fare,  the  sum  of  five  cents. 
Such  cash  payment  shall  entitle  such  passenger  to  ride  to 
the  end  of  the  line  within  the  city  on  the  car  on  which  he 
has  taken  passage.  Every  passenger  car  run  and  operated 
by  said  company,  party  of  the  second  part,  on  said  lines, 
shall  be  provided  with  a conductor,  who  shall  collect  fares 
and  attend  to  the  comforts  and  convenience  of  the  pas- 
sengers upon  such  car.  Each  of  such  conductors  shall  con- 
stantly have  in  their  possession  an  ample  and  adequate  supply 
of  tickets,  to  be  sold  and  delivered  to  all  passengers  desiring 
the  same,  and  said  company  may  charge  and  be  entitled  to 
receive  for  the  same  the  following  rates,  and  no  more : Eor 
six  of  such  tickets,  twenty-five  cents  ($.25)  ; for  twenty-five 
of  such  tickets,  one  dollar  ($1.00.) 

430-D  3 The  said  company,  party  of  the  second 

part,  its  successors  and  assigns,  shall  build  and  maintain  at 
some  point  along  the  line  of  its  said  railroad  within  the 
corporate  limits  of  the  city,  a station  for  unloading  and 
loading  express,  baggage  and  mail ; that  said  station  shall 
be  so  located  that  the  use  of  it  by  said  company,  its  suc- 
cessors and  assigns,  will  not  interfere  with  the  free  use  of 
the  streets  and  avenues  by  the  public ; that  party  of  the  first 
part  reserves  the  absolute  right  at  all  times  to  fix  and  pro- 
^dde  such  rules  and  regulations  in  the  transfer  and  unloading 
of  passengers,  express,  baggage  and  mail  from  the  cars  of 
said  company  as  are  necessary  to  insure  the  comfort,  safety 
and  convenience  of  the  public. 

430- E 4.  The  electric  system  used  in  the  propulsion 
of  said  company’s  cars  shall  be  the  overhead  system  now  in 
use  by  other  companies  in  the  city,  unless  some  other  system 
shall  be  mutually  agreed  upon  by  and  between  the  Board 
of  Public  Works  and  said  company,  its  successors  and  as- 


Fare 

authorized  to 
be  charged. 


Conductors, 
duties  of. 


Depot,  where 
built. 


Overhead  sys- 
tem for  pro- 
pelling cars 
to  be  used. 


296 


LAWS  AND  ORDINANCES. 


Board  of 
Safety, 
duties  of. 


Street  to  pave 
and  repair, 
extent  of. 


Repairs,  when 
made. 


Bridge,  extent 
of  repairs  to 
be  made. 


signs.  The  entire  system  used  by  said  party  of  the  second 
part  and  all  the  means,  devices  and  apparatus  used  in  the 
supply,  application  and  use  of  its  propelling  power  in  all  re- 
spects, which  shall  in  any  manner  affect  or  endanger  the 
safety  of  the  public,  shall  at  all  times  be  kept  open  to  the  in- 
spection of  and  under  the  supervision  of  the  Department  of 
Public  Safety  of  said  city.  As  often  as  may  be  required  by 
said  Department  of  Public  Safety,  said  party  of  the  second 
part  shall  furnish  to  said  department  a statement,  showing 
the  amount  of  electro-motive  power  used  and  the  strength, 
of  current  conveyed  or  used  upon  its  wires,  and  said  depart- 
ment shall  at  all  times  have  the  right  to  inspect  and  test 
the  same,  and  order  and  require  any  such  changes  therein  as 
may  be  necessary  to  insure,  as  far  as  possible,  the  safety  of 
the  public  or  to  prevent  damage  to  any  property,  and  all 
damage  to  water  pipes  must  be  paid  by  said  company,  its 
successors  and  assigns. 

430-F  5 The  said  company,  party  of  the  second 

part,  its  successors  and  assigns,  shall  pave  the  space  between 
the  rails,  including  the  space  between  its  tracks  where  there 
are  switches,  and  for  a distance  of  twelve  inches  on  the  out- 
side of  the  outside  rails  of  its  tracks,  and  shall  make  all 
necessary  repairs  in  said  space  under  specifications,  both  as 
to  material  and  manner,  as  may  be  provided  by  the  Board 
of  Public  Works,  and  shall  repave  the  same  when  necessary 
and  ordered  by  the  said  Board,  and  keep  the  same  in  repair, 
said-  paving  and  repairing  to  be  done  under  specifications, 
both  as  to  material  and  manner,  as  may  be  provided  by  the 
said  Board,  under  the  supervision  of  the  City  Civil  Engineer 
of  said  city,  and  said  company,  its  successors  and  assigns, 
shall  also  keep  in  repair  that  yart  of  the  floor  of  all  bridges 
and  culverts  crossed  by  any  of  its  tracks  which  is  situated 
between  the  outer  rails  of  said  tracks,  and  for  a distance  of 
twelve  inches  on  the  outer  side  of  such  outer  rails,  and  also 
the  space  between  the  tracks  and  switches  where  there  are 
switches ; and  in  case  of  failure  on  the  part  of  said  company 
to  make  any  such  improvement  and  repairs  as  aforesaid, 
either  to  streets  or  avenues  or  bridges,  as  herein  provided, 
upon  reasonable  notice  by  said  Board,  then  the  said  Board  ' 
of  Public  Works  shall  have  the  right  to  proceed  to  make  any 


INDIANA  AND  OHIO  TRACTION  CO.  297 

such  improvements  or  repairs,  and  the  cost  of  making  the 
same  shall  be  paid  by  said  company,  its  successors  and  as- 
signs, to  the  city  on  demand,  and  the  collection  thereof  en- 
forced as  any  other  valid  debt.  And  it  is  also  agreed  by  and 
between  said  parties  that  the  party  of  the  second  part  shall  at 
all  times  keep  on  deposit  in  the  city  treasury,  to  the  credit  of 
said  Board  of  Public  Works,  the  sum  of  one  hundred  and 
fifty  dollars  ($150.00),  to  be  designated  as  an  emergency 
fund.  Whenever,  in  the  opinion  of  said  Board  of  Public 
Works,  an  emergency  arises  for  the  immediate  repair  of  any 
dangerous  defect  found  to  exist  in  that  part  of  any  street, 
alley,  avenue  or  public  place  required  by  this  contract  to  be 
kept  in  repair  by  said  company,  and  the  said  company  has 
failed  on  notice  to  immediately  repair  the  same,  the  said 
Board  shall  cause  said  repair  to  be  made  at  once,  and  if 
said  company  shall  not  promptly  pay  the  bill  for  the  cost  of 
such  repairs,  when  made  out  and  presented  at  the  office  of 
the  said  company  in  said  city,  then  said  Board  may  draw  the 
amount  of  such  bill  from  said  emergency  fund,  which  fund 
shall  be  reimbursed  by  said  company  without  any  delay  and 
kept  up  to  said  amount  of  one  hundred  and  fifty  dollars 
($150.00)  aforesaid. 

This  provision  as  to  an  emergency  fund  is  in  addition 
to  all  other  provisions  herein  contained  on  the  subject  of  re- 
pairing streets  and  is  not  intended  to  modify  or  change  any 
other  provisions  or  penalties  of  this  contract  concerning  the 
same. 

430-G  6.  The  said  party  of  the  second  part  agrees 
and  binds  itself,  its  successsors  and  assigns,  to  operate  its 
interurban  road  over  and  along  the  streets  and  avenues 
herein  designated  in  said  city  in  such  a manner  as  to  render 
to  the  public  at  all  times,  first  class  and  sufficient  service. 

430-H  7.  That  its  motive  power  shall  at  all  times  be 

ample  and  of  the  approved  kind ; that  its  cars  shall  be  of  the 
best  and  approved  pattern  and  at  all  times  kept  clean,  well 
ventilated,  provided  with  comfortable  seats  for  passengers, 
and  heated  with  safe  and  convenient  appliances  whenever 
the  weather  is  such  that  the  comfort  of  the  passengers  shall 
require  the  same,  and  lighted  at  night  with  electricity  or  with 
some  other  equally  sufficient  light;  that  all  such  cars  shall 


Cocts  of  re- 
pair, when 
made  by  city, 
how 

collected. 


Emergency 

fund. 


Passenger  ser- 
vice, kind. 


Motive  power, 
kind. 


26 


298 


LAWS  AND  ORDINANCES. 


Cars,  pur- 
poses for 
which  used. 


Rails,  kind  to 
be  used. 


Cars,  how  fre- 
quently run. 


Company  to 
permit  use  of 
tracks  by 
other  com- 
panies, when. 


be  kept  in  good  repair  and  shall  at  all  times  be  painted  on 
the  outside  and  decorated  on  the  inside  so  as  to  present  an 
attractive  appearance,  and  shall  be  repainted  and  redeco- 
rated from  time  to  time  as  may  be  necessary  to  maintain 
such  appearance ; that  cars  used  in  the  operation  of  said 
railroad  shall  be  designated  as  express  and  passenger  cars ; 
that  the  former  are  to  be  used  exclusively  for  hauling  light 
express,  passenger  baggage  and  United  States  mail,  and 
the  latter  for  hauling  passengers  and  baggage,  light  ex- 
press and  United  States  mail  combined,  provided  that  trains 
consisting  of  more  than  one  car  shall  not  be  run  over  said 
franchise  in  said  city,  unless  two  are  especially  authorized 
by  the  Board  of  Public  Works,  upon  petition  of  party  of 
the  second  part,  its  successors  and  assigns ; that  the  tracks 
of  said  company  shall  at  all  times  be  kept  in  repair,  provided 
with  the  most  modern  pattern  of  grooved  or  flange  rails  of 
sufficient  size  and  weight  and  in  such  condition  that  pas- 
sengers riding  in  cars  over  the  same  will  suflfer  no  discom- 
fiture or  inconvenience  by  reason  of  such  track  or  any  part 
thereof  being  irregular  or  uneven,  or  in  any  wise  insuf- 
ficient, and  the  right  is  reserved  to  the  Board  of  Public 
Works  of  said  city  to  order  any  needed  repairs  to  said  tracks 
or  roadbeds,  or  cars,  or  appliances  of  said  company,  and 
party  of  the  second  part  agrees  to  comply  with  such  orders. 

It  is  also  agreed  by  and  between  the  parties  hereto  that 
the  said  company,  party  of  the  second  part,  at  all  times  will 
run  at  least  one  car  each  hour  over  its  said  line  within  said 
city,  between  the  hours  of  5 a.  m.  and  12  p.  m.  of  each  day, 
unless  by  accident  it  becomes  impossible  to  do  so. 

430-1  8.  It  is  also  agreed  by  and  between  the  parties 

hereto  that  said  company,  party  of  the  second  part,  its  suc- 
cessors and  assigns,  shall  permit  the  use  of  its  tracks  herein 
authorized  to  be  laid  and  maintained  by  any  city,  interurban 
or  suburban  passenger  railway  companies,  whenever  the 
Board  of  Public  Works  and  Common  Council  of  said  city, 
party  of  the  first  part,  by  contract  approved  by  ordinance, 
shall  authorize  it,  provided  that  such  use  shall  be  upon  such 
conditions  as  the  Common  Council  and  Board  of  Public 
Works  may  prescribe. 


INDIANA  AND  OHIO  TRACTION  CO. 


299 


As  compensation  to  said  company,  its  successors  and 
assip^’ns,  for  tlie  use  of  its  said  railroad,  and  the  poles  and 
wires  thereto  helon^in|:(,  by  any  such  city,  interurban  or 
suburban  railroad  com])anies,  receivinj:^  a franchise  over  the 
ri^ht-of-way  of  said  second  party,  its  successors  and  assigns, 
from  the  said  City  of  h'ort  Wayne,  said  company,  its  suc- 
cessors and  assigns,  i)arty  of  the  second  part,  shall  receive 
from  each  of  said  companies  one-half  the  actual  cost  of  con- 
struction of  such  ])art  of  said  line  of  road  as  is  used  by 
such  com])any  within  said  city,  d'hat  the  cost  of  maintain- 
ing streets  and  tracks  in  case  of  more  than  one  person,  com- 
pany or  cor])oration  using  said  tracks,  shall  be  paid  in  equal 
parts  by  said  parties. 

And  provided,  further,  that  if  said  party  of  the  second 
part,  its  successors  and  assigns,  cannot  furnish  power  to 
propel  the  cars  of  such  city,  interurban  or  suburban  pas- 
senger roads,  then  in  that  event  the  said  ])assenger  lines 
authorized  by  said  lioard  of  Public  Works  and  Common 
Council  shall  have  a right  to  construct  and  maintain  feed 
wires  and  poles  of  the  said  company,  party  of  the  second 
part,  its  successors  and  assigns,  in  said  City  of  Fort  Wayne, 
and  the  compensation  for  the  use  of  the  poles  for  the  con- 
struction of  such  wires  is  to  be  fixed  as  provided  for  the  use 
of  tracks ; that  the  rails  of  said  tracks  on  all  streets  and  ave- 
nues, except  on  St.  Joe  boulevard,  the  Maumee  river  bridge 
and  Columbia  street,  from  the  west  end  of  said  bridge  to 
the  east  line  of  Calhoun  street,  which  shall  be  located  in  such 
part  of  said  streets  as  designated  by  the  Board  of  Public 
Works  and  ap])roved  by  the  Common  Council,  shall  be  placed 
in  the  middle  of  said  streets  and  avenues,  and  in  such  man- 
ner that  the  outer  rails  will  be  equally  distant  from  the  curb 
of  cither  side  of  the  streets  and  avenues,  unless  otherwise 
directed  by  the  Board  of  Public  Works ; thence  upon  an 
easy  curve  across  Calhoun  street  and  to  the  center  of  Colum- 
bia street;  thence  on  the  center  line  of  Columbia  street  to 
the  center  of  Harrison  street.  On  St.  Joe  boulevard  the 
track  shall  l)c  laid  on  the  westerly  side  of  the  street,  the 
easterly  rail  to  be  placed  twenty-five  feet  from  the  easterly 
curb  of  said  street,  until  it  approaches  the  Maumee  river 
bridge,  thence  with  an  easy  curve  to  tracks  designated  on 


Compensation 
for  such  use. 


When  Com- 
pany cannot 
furnish 
power, 
proviso. 


Tracks,  where 
laid. 


300 


LAWS  AND  ORDINANCES. 


Inside  width 
of  rails. 


Failure  to  re- 
pair track 
or  street 
upon  notice, 
penalty. 


said  bridge.  That  the  party  of  the  first  part  reserves  the 
right  to  require  the  said  party  of  the  second  part,  its  suc- 
cessors and  assigns,  to  remove  its  said  tracks  to  any  other 
part  of  said  streets  and  avenues  herein  mentioned  without 
any  expense  to  said  first  party,  and  if  upon  written  notice  by 
said  first  party  to  the  said  second  party,  its  successors  and 
assigns,  to  make  any  such  change,  a refusal  to  do  so  shall 
authorize  the  work  to  be  done  by  said  first  party,  the  cost 
of  making  the  removal  shall  be  paid  by  said  company  to  the 
city  on  demand,  and  the  collection  thereof  enforced  as  any 
other  valid  debt. 

430-J  9-  It  is  further  agreed  that  the  inside  distance 

between  the  rails  shall  not  exceed  four  feet  eight  and  one- 
half  inches,  commonly  known  as  the  standard  guage ; that 
the  poles  used  for  the  purpose  of  stringing  the  necessary 
wires  used  for  the  operation  of  said  interurban  street  rail- 
way shall  be  iron  on  all  streets  and  avenues  herein  men- 
tioned, from  Tecumseh  street  to  Taylor  street  and  Fox  ave- 
nue. In  case  the  said  company,  party  of  the  second  part,  its 
successors  and  assigns,  should  fail  to  comply  with  any  of 
the  foregoing  agreements  and  stipulations  concerning  the 
motive  power,  kind  of  cars  to  be  used,  or  painting,  decora- 
tions, heating,  lighting,  rails  or  roadbed,  or  any  other  stip- 
ulation contained  herein  concerning  the  operation,  mainte- 
nance or  construction  of  its  lines  of  said  railway,  and  the 
Board  of  Public  Works  shall,  by  written  notice  served  ot\ 
any  officer  of  said  company,  require  compliance  with  any 
such  stipulation  within  a reasonable  time  therein  fixed,  and 
said  company  shall  continue  to  fail  and  refuse,  after  any 
such  period  so  fixed,  to  comply  with  any  such  provision, 
then  said  company  shall  forfeit  to  the  city  the  sum  of  ten 
dollars  ($10.00)  for  each  and  every  day  that  it  shall  con- 
tinue to  violate  any  such  provision  or  stipulation,  which 
sum  may  be  collected  in  a suit  on  the  bond  hereinafter  re- 
quired to  be  given  by  said  company,  or  otherwise,  as  said 
Board  of  Public  Works  may  elect : Provided,  That  nothing 

contained  herein  shall  be  construed  as  an  attempt  to  in  any 
wise  abridge  or  restrict  the  power  of  the  Common  Council  of 
said  city  to  enact  reasonable  ordinances  providing  for  the 
safetv,  comfort  and  convenience  of  the  public  traveling  on 


INDIANA.  AND  OHIO  TRACTION  CO. 


301 


lines  of  street  railway  in  said  city,  also  providing  reasonable 
penalties  for  the  violation  thereof. 

430- K lo.  In  further  consideration  of  the  grant 
herein  and  hereby  made,  and  in  part  payment  therefor,  the 
said  company,  party  of  the  second  part,  its  successors  and 
assigns,  agrees  and  binds  themselves  to  pay  to  the  City  of 
Fort  Wayne,  party  of  the  first  part,  the  following  amount 
annually,  during  the  life  of  this  contract,  without  compensa- 
tion for  the  first  five  years,  two  hundred  and  fifty  dollars 
($250.00),  for  the  second  five  years,  and  for  the  remainder 
of  the  term,  five  hundred  dollars  ($500.00)  per  year. 

430-L  II.  It  is  agreed  by  and  between  the  parties 
hereto  that  one  of  the  principal  considerations  of  this  grant 
is  the  promise,  agreement  and  undertaking  of  the  party  of 
the  second  part  to  build  an  interurban  street  railway  line 
over  and  along  the  public  highways  of  the  country  from 
Hicksville,  Ohio,  through  the  City  of  Fort  Wayne,  to 
Marion,  Indiana,  that  before  any  rights  or  privileges,  in  the 
way  of  locating  tracks  or  operating  its  said  line  in  said  city 
shall  vest  in  said  company,  said  company  shall  have  con- 
structed that  part  of  its  intended  line  either  from  Hicksville 
to  the  limits  of  said  city,  or  from  the  town  of  Marion  to  the 
limits  of  the  city. 

430-M  12.  The  said  party  of  the  second  part  further 

agrees  and  binds  itself,  its  successors  and  assigns,  to  keep 
and  hold  said  city  free  and  harmless  from  all  liability  for 
any  and  all  damages  that  may  accrue  to  any  person  or  per- 
sons on  account  of  injury  to  either  person  or  property 
growing  out  of  the  construction,  improvement,  maintenance 
and  operation  of  said  company’s  cars  and  railway  system, 
under  this  contract,  and  in  case  suit  shall  be  filed  against 
said  city,  either  independently  or  jointly  with  said  company, 
on  account  thereof,  said  company,  on  notice  to  it  by  said 
city,  will  defend  said  city  against  said  action,  and  in  the 
event  of  a judgment  being  obtained,  either  independently 
or  jointly  with  said  company,  on  account  of  the  acts  of  the 
company  aforesaid,  the  said  company  will  pay  said  judg- 
ment, with  all  costs,  and  hold  the  city  harmless  therefrom. 

430-N  13-  All  poles,  wires  and  fixtures  used  in  and 

about  said  street  railway  plant  over  and  along  the  streets 


Compensation 
to  city. 


To  build  inter- 
urban line, 
Marion  to 
Hicksville, 
Ohio. 


Rights  to  vest 
in  streets, 
when. 


City  protected 
against 
liability. 


Actions 
against  city, 
who  defends. 


302 


LAWS  AND  ORDINANCES. 


Poles  and 
wires,  where 
and  how 
erected  and 
maintained. 


Track  laid 
with  grade  of 
street. 


Failure  to  re- 
lay tracks  by 
Company, 
power  of 
Board  of 
Works. 


and  avenues  herein  mentioned  shall  be  so  placed  and  main- 
tained, by  the  said  party  of  the  second  part,  as  not  to  inter- 
fere with  the  reasonable  and  proper  use  of  the  streets  and 
avenues  and  shall  be  subject  to  the  approval  of  the  Board 
of  Public  Works.  The  tracks  of  said  company,  party  of  the 
second  part,  shall  not  be  elevated  above  the  surface  of  said 
streets  and  avenues  of  said  city,  and  the  same  shall  be  laid 
and  maintained  so  as  to  conform  with  the  established  grade 
of  said  streets  or  avenues,  as  they  shall  from  time  to  time 
exist,  and  in  such  manner  as  to  be  no  unnecessary  impedi- 
ment to  the  ordinary  use  of  such  thoroughfares,  and  the 
passage  of  wagons,  carriages  and  other  vehicles  upon  or 
along  such  tracks  at  any  point  and  in  any  and  all  directions ; 
with  suitable  bridges  at  all  gutters  so  as  to  permit  the  free 
and  uninterrupted  flow  of  water  in  and  along  said  gutters. 

The  tracks  and  rails  shall  conform  with  the  grades  of 
the  streets  as  now  established  or  as  may  hereafter  be  estab- 
lished by  the  said  city,  and  subject  at  all  times  tO'  be  taken 
up  and  relaid  by  the  party  of  the  second  part,  its  successors 
and  assigns,  at  its  expense,  whenever  necessary  for  the  pur- 
pose of  regrading  or  paving  or  repairing  said  streets,  con- 
structing sewers,  laying  or  repairing  of  water  or  gas  pipes, 
or  any  other  public  improvement.  In  case  said  rails  or 
tracks  shall  not  conform  to  the  grade  of  the  street  as  above 
provided,  and  the  Board  of  Public  Works  shall  notify  the 
said  company,  party  of  the  second  part,  thereof,  and  the 
said  company,  party  of  the  second  part,  shall  fail  to  do  the 
necessary  work  of  making  such  tracks  and  rails  conform  to 
any  such  grade  within  thirty  days  from  the  time  of  receiving 
said  notice,  then  the  Board  of  Public  Works  shall  have  the 
right  to  enter  upon  said  tracks  and  make  said  repairs  or  im- 
provement, and  charge  the  cost  thereof  to  said  party  of  the 
second  part,  and  in  case  the  said  company,  party  of  the 
second  part,  fails  to  pay  said  expense  within  thirty  days 
after  the  said  Board  has  rendered  a bill  therefor,  then  the 
said  city  shall  have  a right  of  action  to  recover  such  amount 
against  the  said  party  of  the  second  part,  and  the  said  com- 
pany, its  successors  and  assigns,  shall  be  liable  upon  its  bond, 
which  is  hereinafter  provided  for,  for  any  such  amount. 
And  in  case  of  such  failure  to  pay  any  such  bill  and  suit  is 


INDIANA  AND  OHIO  TRACTION  CO. 


303 


brought  to  recover  the  same,  either  on  said  bond  or  other- 
wise, then  the  said  city  shall  be  entitled  to  recover,  in  addi- 
tion to  the  amount  of  the  cost  of  said  repair  and  improve- 
ment, reasonable  attorney  fees : Provided,  however.  That 

such  notice  shall  not  be  given  at  times  of  year  unsuitable 
for  the  doing  of  the  work  required,  unless  the  condition  of 
such  track  is  such  as  to  endanger  the  safety  of  passengers. 
Should  it  be  necessary  in  the  prosecution  of  any  public  work 
to  temporarily  stop  the  operation  of  cars,  it  may  be  done  by 
order  of  the  Board  of  Public  Works,  and  in  such  case  the 
party  of  the  first  part  shall  be  held  free  from  all  claims  for 
damages  by  reason  of  delay  to  the  business  or  traffic  of  said 
party  of  the  second  part.  But  said  party  of  the  second  part 
shall  be  required  to  operate  its  lines  of  street  railway  con- 
tinuously, unless  prevented  by  so  doing  by  act  of  God,  acci- 
dents or  other  causes  that  cannot  be  reasonably  prevented. 

430-0  14.  The  said  company,  party  of  the  second 

part,  shall  at  all  times  so  regulate  the  running  of  its  cars 
as  not  to  impede  or  obstruct  public  travel  at  intersections 
of  streets,  alleys  and  avenues  of  said  city,  and  its  cars  shall 
be  stopped  clear  of  cross  streets. 

It  is  also  agreed,  in  addition  to  any  other  penalties  and 
forfeitures  herein  fixed  and  prescribed,  that  if  the  said  com- 
pany, party  of  the  second  part,  its  successors  and  assigns,- 
should  habitually,  continually  or  continuously  violate  any  of 
the  provisions  of  this  contract,  or  of  the  ordinance  approv- 
ing the  same,  or  such  other  ordinance  as  may  be  passed  by 
the  Common  Council  of  said  city,  then  said  company,  its 
successors  and  assigns,  shall  forfeit  all  its  rights,  title  and 
interest  in  or  to  the  use  and  occupancy  of  the  streets,  alleys, 
avenues  and  highways  of  said  city  for  street  railroad  pur- 
poses, and  its  contract  and  franchises  for  the  same  shall  be 
at  an  end  subject  to  forfeiture. 

It  is  also  agreed  by  and  between  said  parties  that  any 
improvement  undertaken  by  or  in  the  name  of  said  city,  or 
by  any  contractor  for  and  with  said  city  for  the  improve- 
ment of  any  street,  alley,  avenue,  sidewalk  or  crossing,  or 
for  the  construction  of  any  sewer  or  drain  or  other  public 
work,  shall  not  be  impeded  by  said  company,  party  of  the 
second  part,  its  agents  or  employes,  but  said  company,  party 


Regulations  of 
cars,  how. 


Violation  of 
conditions  of 
franchise, 
penalty. 


Company  not 
to  impede 
public  im- 
provements. 


304 


LAWS  AND  ORDINANCES. 


Term  of 
franchise. 


To  vacate 
streets  at 
end  50  years. 


Bond  of 
Company. 


of  the  second  part,  shall  do  all  in  its  power  to  advance  such 
improvement  by  the  moving  of  its  tracks  and  poles  and 
relaying  and  replacing  the  same,  when  it  becomes  necessary, 
at  its  own  cost,  as  hereinafter  provided.  The  said  party  of 
the  first  part  shall  protect  the  said  company,  party  of  the 
second  part,  as  much  as  possible,  by  seeing  that  the  con- 
tractor for  any  such  public  work  does  not  intentionally, 
negligently  or  maliciously  delay  the  same  to  the  detriment 
of  the  said  company,  party  of  the  second  part. 

430-P  15  It  is  further  agreed  by  and  between  the 

parties  to  this  contract  that  all  the  rights  hereby  granted  to 
the  said  company,  party  of  the  second  part,  to  maintain  and 
operate  its  interurban  street  railway  line  or  any  part  thereof 
in  said  city,  shall  continue  for  a period  of  fifty  years  from 
the  taking  effect  of  this  contract,  and  all  terms,  conditions 
and  covenants  of  this  contract  shall  be  binding  and  con- 
clusive for  that  period  on  both  the  parties  hereto;  but  all 
such  rights,  conditions  and  covenants  are  hereby  expressly 
limited  to  said  period  of  fifty  years,  which  period  shall  begin 
on  the  taking  effect  of  this  contract  and  end  fifty  years  there- 
from. This  limitation  of  time  is  agreed  to  be  one  of  the 
chief  considerations  for  the  grant  hereby  made,  and  the  said 
party  of  the  second  part,  recognizing  and  conceding  that 
such  limitation  of  time,  as  herein  expressed,  is  one  of  the 
essential  and  governing  conditions  of  this  contract,  does 
hereby  bind  itself,  its  successors  and  assigns,  that  at  the  ex- 
piration of  said  period  it  will  peaceably  yield  possession  of 
every  part  of  every  street  and  avenue  in  said  city  then  occu- 
pied by  its  lines  of  street  railway,  and  cease  the  operation 
of  its  said  railway  plant  and  every  part  thereof,  and  from 
thence  forward  will  make  no  claim  of  any  kind  to  exercise 
any  right  whatever  under  the  grant  herein  made  or  under 
any  charter  or  corporate  rights,  and  any  rights  which  might 
be  claimed  by  said  company,  party  of  the  second  part,  or  its 
successors  or  assigns,  to  hold  beyond  said  period  of  time 
under  the  statute  under  which  it  was  incorporated. 

430-Q  16.  The  said  company,  party  of  the  second 

part,  before  exercising  any  of  the  rights  and  privileges 
hereby  granted,  shall  execute  to  the  City  of  Fort  Wayne  a 
good  and  sufficient  bond  in  the  sum  of  ten  thousand  dollars 


/ ' 


f 


■t’  • 


w :y 


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\ 


\ 


'-S, 


i . 

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- 


4 


INDIANA  AND  OHIO  TRACTION  CO. 


305 


($10,000.00),  with  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  said  Board  of  Public  Works,  conditioned  that 
the  party  of  the  second  part,  its  successors  and  assigns, 
shall  faithfully  carry  out  and  perform  each  and  every  agree- 
ment herein  contained,  and  shall  well  and  truly  pay  to  said 
city  all  penalties,  forfeitures  and  other  sums  of  money  which 
under  the  terms  of  the  contract  it  may  become  liable  to  said 
city,  and  said  bond  shall  be  renewed  from  time  to  time  dur- 
ing said  period  on  the  demand  of  the  said  Board  of  Public 
Works  of  said  city  whenever,  in  the  opinion  of  the  Board  of 
Public  Works,  said  bond  has  become  insufficient  for  any 
reason  whatever,  or  whenever  by  the  insufficiency  of 
the  accumulation  of  unpaid  penalties,  forfeitures,  judgment 
or  other  claims  against  said  company,  in  favor  of  said  city, 
the  said  Board  deems  such  renewal  necessary. 

And  in  case  the  said  company,  its  successors  and  assigns, 
party  of  the  second  part,  shall  on  the  reasonable  demand  of 
said  Board  fail  or  refuse  to  renew  such  bond  or  furnish  such 
additional  security  thereon  as  may  be  required,  then  its. 
rights  under  this  contract  shall  cease,  and  the  franchise 
herein  granted  be  forfeited,  which  forfeiture  may  be  en- 
forced in  any  court  of  competent  jurisdiction. 

It  is  further  agreed  by  and  between  the  parties  to  this 
contract  that  the  express  and  mail  cars  used  under  this 
franchise  shall  be  of  the  same  size  and  construction  as  a 
passenger  car,  except  as  to  windows  and  inside  finish.  That 
on  all  streets  and  avenues  herein  authorized  to  be  used, 
which  are  paved  before  such  tracks  are  laid,  the  ties  shall 
be  laid  upon  a six-inch  bed  of  concrete  extending  to  the  ends 
of  the  ties,  and  thereafter,  whenever  the  streets  on  any  part 
of  the  line  of  said  railway  shall  be  paved,  a like  bed  of  con- 
crete shall  be  placed  under  the  ties  for  such  distance  as  the 
said  streets  or  avenues  mav  be  paved. 

430-R  17  It  is  further  agreed  by  and  between  said 

parties  that  said  interurban  railroad  line  is  to  be  completed 
between  the  towns  of  Hicksville,  Ohio,  and  Huntington, 
Indiana,  through  Fort  Wayne,  within  eighteen  months  after 
the  approval  of  this  contract  by  the  Council,  or  else  all 
rights  and  privileges  under  the  same  is  forfeited. 

340-S  18.  It  is  further  agreed  by  and  between  the 


Bond,  when 
renewed. 


Failure  to  re- 
new, penalty. 


Cars,  kind. 


Concrete, 
where  and 
how  used 
under  track. 


Time  within 
which  road  is 
to  be  com- 
pleted. 


306 


LAWS  AND  ORDINANCES. 


City  reserves 
special  rights 


When  Indiana 
& Ohio  Trac- 
tion takes 
second  place. 


Organization 

committee. 


parties  to  this  contract,  their  successors  and  assigns,  that  the 
said  party  of  the  first  part  herein  reserves  the  absolute  right 
to  grant  to  any  person,  company  or  corporation,  a franchise 
for  the  purpose  of  constructing  a city  interurban  or  subur- 
ban railroad  over  the  identical  same  right-of-way  herein 
granted,  or  any  part  thereof,  at  any  time  prior  to  the  actual 
occupancy  of  the  same  by  second  party,  as  authorized  by 
Section  ii  of  this  ordinance,  conditioned,  however,  that 
said  second  party,  in  case  of  such  grant,  shall  have  the  right 
to  use  such  right-of-way  upon  the  terms  and  conditions  as 
to  compensation  as  are  provided  for  in  Section  8 of  this 
franchise  when  used  by  second  and  third  parties ; and  upon 
the  further  conditions  that  said  second  party  will  construct 
and  maintain  its  said  interurban  line  between  the  points  in 
the  manner  and  within  the  time  in  this  ordinance  provided, 
and  when  so  built,  that  it  will  operate  and  maintain  the 
same  in  accordance  and  in  strict  compliance  with  all  the 
provisions  of  this  ordinance. 

In  testimony  whereof,  we  have  hereunto  set  our  hands 
and  seals  this  21st  day  of  May,  1900. 

J.  H.  SIMONSON, 

LOUIS  J.  BOBILYA, 

EDWARD  WHITE, 

JAMES  M.  M’KAY, 

JOHN  W.  WHITE, 

A.  S.  COVERDALE, 

C.  C.  SCHLATTER, 

WILLIAM  GEAKE, 

E.  P.  WILT, 

WILLIAM  KAOUGH, 

PERRY  R.  SMITH, 

By  JOHN  D.  OLDS, 

Attorney  in  Eact. 

HENRY  S.  THAYER, 

By  JOHN  D.  OLDS, 

Attorney  in  Eact. 
JOHN  D.  OLDS. 


FOKT  WAYNE  AND  SOUTHWESTEKN  TRACTION  CO.  307, 


PETER  EGGEMANN, 

P.  H.  KANE, 

J.  K.  M’CRACKEN, 

Board  of  Public  Works. 

Attest:  A.  M.  SCHMIDT,  Clerk. 

[Approved  Alay  21,  1900.] 

430-T  Sec.  I.  Be  it  ordained  by  the  Conn  non  Coun- 
eil  of  the  City  of  Fort  Wayne,  Indiana,  That  the  contract 
and  agreement,  heretofore,  to-wit,  on  Eebruary  27,  1900, 
made  and  entered  into  by  the  City  of  Port  Wayne,  by  and 
through  its  Board  of  Public  Works  of  the  city  and  the 
Indiana  and  Ohio  Traction  Company,  by  and  through  its 
Organization  Committee,  as  fully  set  out  in  the  preamble 
hereto,  be  and  the  same  is  hereby,  in  all  things,  confirmed 
and  approved. 

430-U  Sec.  2.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  June  30,  1900.] 

Ordinance  Record  i,  page  401. 


GENERAL  ORDINANCE  NO.  168. 

AN  ORDINANCE  eonfirniing  and  approznng  a eertain 
agreement  and  eontraet,  made  and  entered  into  this 
2^11  day  of  November,  1900,  by  and  betzueen  the  City 
of  Fort  Wayne,  through  its  Board  of  Piiblie  Works, 
and  George  Tozvnsend,  William  S.  Reed  and  Charles 
C.  Miller. 

430  1-2-A  Whereas,  heretofore,  to-wit,  on  Novem- 
ber 27,  1900,  the  Board  of  Public  Works  of  the  City  of  Port 
Wayne,  State  of  Indiana,  on  and  in  behalf  of  the  City  of 
Fort  Wayne,  entered  into  the  following  agreement  and  con- 
tract, viz : 

Whereas,  heretofore,  to-wit,  on  the  27th  day  of  Novem- 
ber, 1900,  the  City  of  Fort  Wayne,  by  and  through  its  Board 
of  Public  Works,  entered  into  the  following  contract  and 
agreement  with  George  Townsend,  William  S.  Reed  and 
Charles  C.  Miller,  viz : 

This  agreement,  made  and  entered  into  this  27th  day 


Approval  of 
contract,  In- 
diana & Ohio 
T raction 
Company. 


■308 


LAWS  AND  ORDINANCES. 


Contract  of 
city,  Wm.  S. 
Reed  et  al. 


Extent  of 
authority 
vested  by 
contract. 


Streets 
authorized  to 
be  used. 


of  November,  1900,  by  and  between  the  City  of  Fort  Wayne, 
Allen  County,  Indiana,  (hereinafter  called  the  city)  by  and 
through  its  Board  of  Public  Works,  party  of  the  first  part, 
and  George  Townsend,  William  S.  Reed  and  Charles  C. 
Miller,  parties  of  the  second  part,  witnesseth : 

430  1-2-B  I.  d hat  the  party  of  the  first  part,  by 
and  through  its  Board  of  Public  Works  aforesaid,  under  and 
by  virtue  of  the  powers  conferred  upon  it  by  an  act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled  ‘'An  act 
concerning  the  incorporation  and  government  of  cities  hav- 
ing a population  of  not  less  than  thirty-five  thousand 
(35,000)  nor  more  than  forty-nine  thonsand  (49,000),  ac- 
cording to  the  Ghiited  States  census  last  preceding,  and 
matters  connected  therewith,  and  declaring  an  emergency,” 
approved  March  6,  1893,  does  hereby  subject  to  the  condi- 
tions herein  expressed,  authorize  and  empower  the  said 
parties  of  the  second  part,  their  successors  and  assigns,  and 
by  the  terms  of  this  contract  consent,  permission  and  author- 
ity are  by  the  said  city  given  and  granted  unto  said  parties 
of  the  second  part,  their  successors  and  assigns,  from  and 
after  the  approval  and  ratification  of  this  contract  by  an 
ordinance  of  the  Common  Council  of  the  city,  subject  to  the 
conditions  hereinafter  prescribed  and  expressed,  to  lay  and 
maintain  a single  track  for  an  interurban  street  passenger 
railway  line,  with  the  right  to  haul  light  express,  mail  and 
passenger  baggage  in  connection  therewith,  to  be  operated 
by  electricity  or  other  improved  power  to  be  approved  by 
said  Board,  with  all  proper  and  convenient  turnouts, 
switches,  feed  wires  and  poles  which  may  be  necessary  for 
the  successful  operation  of  a street  railway  system  in,  along 
and  upon  the  streets  and  avenues  of  said  city  hereafter 
named  and  described,  and  to  use,  maintain  and  operate  the 
same,  and  to  charge,  demand  and  receive  from  passengers, 
rates  of  fare  as  hereinafter  provided,  for  and  in  consider- 
ation of  and  subject  to  the  terms,  conditions  and  limitations 
herein  prescribed. 

On  Lavina  avenue,  from  south  line  of  Hall  avenue  ex- 
tended to  north  line  of  Taylor  street  extended. 

On  Taylor  street,  from  city  limits  to  east  line  of  Fair- 
field  avenue. 


FORT  WAYNK  AND  SOUTHWESTERN  TRACTION  CO.  309 


On  Fairfield  avenue,  from  south  line  of  Taylor  street 
extended  north  to  north  line  of  Brackenridge  street. 

On  Brackenridge  street,  from  east  line  of  Fairfield 
avenue  extended  to  west  line  of  Fulton  street  extended. 

On  Fulton  street,  from  south  line  of  Brackenridge 
street  to  north  line  of  Pearl  street  extended. 

On  Pearl  street,  from  west  line  of  Fulton  street  ex- 
tended to  east  line  of  Ffarrison  street. 

On  Harrison  street,  from  north  line  of  Pearl  street  ex- 
tended to  south  line  of  Columbia  street  extended. 

On  Columbia  street,  from  west  line  of  Harrison  street 
to  center  of  Calhoun  street,  and  to  connection  with  tracks 
of  other  traction  companies  having  tracks  on  Calhoun  or 
Columbia  streets,  east  of  center  of  Calhoun  street. 

The  streets  and  avenues  herein  named  are  intended  to 
be  street  and  avenues  heretofore  and  popularly  known  by 
the  names  herein  mentioned,  whether  such  names  are  in 
fact  the  legal  designations  of  such  streets  and  avenues  or  not. 

The  routes  and  lines  of  street  railway  so  located  as 
aforesaid  may  be  connected  with  suitable  curves  and  switches 
and  feed  wire  lines  may  be  erected  along  said  route  or  else- 
where, subject  in  every  case  to  the  approval  of  the  Board 
of  Public  Works. 

In  consideration  of  the  rights  and  privileges  herein  and 
hereby  granted  to.  the  said  parties  of  the  second  part,  their 
successors  and  assigns,  upon  the  considerations  herein  fixed 
and  expressed,  that  the  said  parties  of  the  second  part  agree 
and  bind  themselves,  their  successors  and  assigns,  to  the  fol- 
lowing conditions,  to-wit : 

430  1-2-C  2.  It  is  agreed  by  and  between  the  said 
parties  that  the  said  parties  of  the  second  part,  their  suc- 
cessors and  assigns,  may  charge  and  be  entitled  to  receive 
the  following  rates  of  fare  and  no  more  for  each  passenger 
over  the  age  of  five  years  riding  upon  said  cars  within  the 
limits  herein  described,  and  who  shall  have  paid  cash  fare, 
the  sum  of  five  cents.  Such  cash  payment  shall  entitle  such 
passenger  to  ride  to  the  end  of  the  line  within  the  city  on  the 
car  on  which  he  has  taken  passage.  Every  passenger  car 
•run  and  operated  by  said  parties  of  the  second  part,  their 
successors  and  assigns,  on  said  line,  shall  be  provided  with 


Switches  and 
curves 
authorized, 


Conditions. 


Fares  author- 
ized to  be 
charged. 


310 


LAWS  AND  ORDINANCES. 


Conductors, 
duties  of. 


Depot,  where 
built. 


Overhead  sys- 
tem for 
propelling 
cars  to  be 
used. 


Board  of 
Safety, 
authority, 
duties  of  in 
connection 
with  motor 
power. 


a conductor,  who  shall  collect  fares  and  attend  to  the  com- 
forts and  convenience  of  the  passengers  upon  such  car. 
Each  of  such  conductors  shall  constantly  have  in  his  pos- 
session an  ample  and  adequate  supply  of  tickets,  to  be  sold 
and  delivered  to  all  passengers  desiring  the  same,  and  said 
parties  of  the  second  part  may  charge  and  be  entitled  to  re- 
ceive for  the  same  the  following  rates  and  no  more:  For 

six  of  such  tickets,  twenty-five  cents  ($.25)  ; for  twenty- 
five  of  such  tickets,  one  dollar  ($1.00.) 

430  1-2-D  3.  The  said  parties  of  the  second  part, 
their  successors  and  assigns,  shall  build  and  maintain  at 
some  point  along  the  line  of  their  said  railroad  within  the 
corporate  limits  of  the  city  a station  for  loading  and  un- 
loading express,  baggage  and  mail ; that  said  station  shall 
be  so  located  that  the  use  of  it  by  said  second  parties,  their 
successors  and  assigns,  will  not  interfere  with  the  free  use 
of  the  streets  and  avenues  by  the  public ; that  party  of  the 
first  part  reserves  the  absolute  right  at  all  times  to  fix  and 
provide  such  rules  and  regulations  in  the  transfer  and  un- 
loading of  passengers,  express,  baggage  and  mail  from  the 
cars  of  said  second  party,  their  successors  and  assigns,  as 
are  necessary  to  insure  the  comfort,  safety  and  convenience 
of  the  public. 

430  1-2-E  4-  The  electric  system  used  in  the  pro- 
pulsion of  said  cars  shall  be  the  overhead  system  now  in  use 
by  other  companies  in  the  city,  unless  some  other  system 
shall  be  mutually  agreed  upon  by  and  between  the  Board  of 
Public  Works  and  said  second  parties,  their  successors  and 
assigns.  The  entire  system  used  by  said  party  of  the 
second  part,  and  all  the  means,  devices  and  apparatus  used 
in  the  supply,  application  and  use  of  its  propelling  power 
in  all  respects,  which  shall  in  any  manner  affect  or  endanger 
the  safety  of  the  public,  shall  at  all  times  be  kept  open  to 
the  inspection  of  and  under  the  supervision  of  the  Depart- 
ment of  Public  Safety  of  said  city.  As  often  as  may  be  re- 
quired by  said  Department  of  Public  Safety,  said  party  of 
the  second  part  shall  furnish  to  said  department  a statement 
showing  the  amount  of  electro-motive  power  used  and  the 
strength  of  current  conveyed  or  used  upon  its  wires;  and 
said  department  shall  at  all  times  have  the  right  to  inspect 


FORT  WAYNF  AND  SOTTHWKSTKRN  TRACTION  CO.  311 


and  test  the  same,  and  order  and  require  any  such  changes 
therein  as  may  be  necessary  to  insure  as  far  as  possible  the 
safety  of  the  public  or  to  prevent  damage  to  any  property, 
and  all  damage  to  water  pipes  must  be  paid  by  said  second 
parties,  their  successors  and  assigns. 

430  1-2-F  5-  The  said  parties  of  the  second  part, 

their  successors  and  assigns,  shall  pave  the  space  between 
all  rails,  including  the  space  between  their  tracks  where 
there  are  switches,  and  for  a distance  of  twelve  inches  on 
the  outside  of  the  outside  rails  of  their  tracks,  and  shall 
make  all  necessary  repairs  in  said  space  under  specifications, 
both  as  to  material  and  manner,  as  may  be  provided  by  the 
Board  of  Public  Works,  and  shall  repave  the  same  when 
necessary  and  ordered  by  the  said  Board,  and  keep  the  same 
in  repair,  said  paving  and  repairing  to  be  done  under  speci- 
fications, both  as  to  material  and  manner,  as  may  be  provided 
by  the  said  Board,  under  the  supervision  of  the  City  Civil 
Engineer  of  said  city,  it  being  understood  and  agreed,  how- 
ever, that  said  second  parties,  their  successors  and  assigns, 
shall  not  be  required  to  pave,  repave  or  maintain  the  por- 
tion of  the  street  hereinbefore  provided  with  any  different 
material  or  in  any  different  manner  than  shall  be  required 
to  be  paved,  repaved  and  maintained,  as  to  other  portions 
of  the  street  where  such  paving,  repaving  and  maintenance 
is  herein  required.  And  said  parties  of  the  second  part, 
their  successors  and  assigns,  shall  also  keep  in  repair  that 
part  of  the  floor  of  all  bridges  and  culverts  crossed  by  any 
of  their  tracks  which  is  situated  between  the  outer  rails  of 
said  tracks,  and  for  a distance  of  twelve  inches  on  the  outer 
side  of  such  outer  rails,  and  also  the  space  between  the 
tracks  and  switches  where  there  are  switches ; and  in  case 
of  failure  on  the  part  of  said  second  parties,  their  succes- 
sors and  assigns,  to  make  any  such  improvement  and  repairs 
as  aforesaid,  either  to  streets  or  avenues  or  bridges,  as 
herein  provided,  upon  reasonable  notice  by  said  Board,  then 
the  said  Board  of  Public  Works  shall  have  the  right  to  pro- 
ceed to  make  any  such  improvements  or  repairs,  and  the 
cost  of  making  the  same  shall  be  paid  by  said  parties  of 
the  second  part,  their  successors  and  assigns,  to  the  city  on 
demand,  and  the  collection  thereof  enforced  as  any  other 


Streets  to 
pave,  extent' 
of. 


Streets  to  re- 
pair, when. 


Bridges,  ex- 
tent of 
repairs  to  be 
made. 


27 


312 


LAWS  AND  ORDINANCES. 


Costs  of  re- 
pairs of 
sreets,  when 
made  by 
city,  how 
collected. 

Emergency 

fund. 


Fund,  how  ex- 
pended. 


Passenger  ser- 
vice, kind. 


Motive  power, 
kind. 


valid  debt.  And  it  is  also  agreed  by  and  between  said  parties 
that  the  parties  of  the  second  part,  their  successors  and 
assigns,  shall  at  all  times  keep  on  deposit  in  the  city  treas- 
ury, to  the  credit  of  said  Board  of  Public  Works,  the  sum 
of  one  hundred  and  fifty  dollars  ($150.00)  to  be  designated 
as  an  emergency  fund.  Whenever,  in  the  opinion  of  the 
Board  of  Public  Works,  an  emergency  arises  for  the  imme- 
diate repair  of  any  dangerous  defect  found  to  exist  in  that 
part  of  any  street,  alley,  avenue  or  public  place  required 
by  this  contract  to  be  kept  in  repair  by  said  parties  of  the 
second  part,  and  the  said  parties  of  the  second  part  have 
failed  on  notice  to  immediately  repair  the  same,  the  said 
Board  shall  cause  said  repair  to  be  made  at  once,  and  if  the 
said  parties  of  the  second  part  shall  not  promptly  pay  the 
bill  for  the  cost  of  such  repairs,  when  made  out  and  pre- 
sented at  the  office  of  the  said  parties  of  the  second  part  in 
said  city,  then  said  Board  may  draw  the  amount  of  such 
bill  from  the  said  emergency  fund,  which  fund  shall  be  re- 
imbursed by  said  parties  of  the  second  part  without  any  de- 
lay and  kept  up  to  said  amount  of  one  hundred  and  fifty 
dollars  ($150.00)  aforesaid. 

This  provision  as  to  an  emergency  fund  is  in  addition 
to  all  other  provisions  herein  contained  on  the  subject  of 
repairing  streets  and  is  not  intended  to  modify  or  change 
any  other  provisions  or  penalties  of  this  contract  concern- 
ing the  same. 

430  1-2-G  6.  The  said  parties  of  the  second  part 
agree  and  bind  themselves,  their  successors  and  assigns,  to 
operate  their  interurban  road  over  and  along  the  streets  and 
avenues  herein  designated  in  said  city  in  such  a manner 
as  to  render  to  the  public  at  all  times  first-class  and  suf- 
ficient service. 

430  1-2-H  7 That  the  motive  power  shall  at  all 

times  be  ample  and  of  the  approved  kind ; that  the  cars 
shall  be  of  the  best  and  approved  pattern  and  at  all  times 
kept  clean,  well  ventilated,  provided  with  comfortable  seats 
for  passengers,  and  heated  with  safe  and  convenient  appli- 
ances whenever  the  weather  is  such  that  the  comfort  of  the 
passengers  shall  require  the  same,  and  lighted  at  night  with 


1 


FORT  WAYNE  AND  SOUTHWESTERN  TRACTION  CO.  313 


electricity  or  with  some  other  equally  sufficient  light;  that 
all  such  cars  shall  be  kept  in  good  repair,  and  shall  at  all 
times  be  painted  on  the  outside  and  decorated  on  the  inside 
so  as  to  present  an  attractive  appearance,  and  shall  be  re- 
painted and  redecorated  from  time  to  time  as  may  be  neces- 
sary to  maintain  such  appearance;  that  cars  used  in  the 
operation  of  said  railroad  shall  be  designated  as  express 
and  passenger  cars ; that  the  former  are  to  be  used  ex- 
clusively for  hauling  light  express,  passenger  baggage  and 
United  States  mail,  the  latter  for  hauling  passengers  and 
baggage,  light  express  and  United  States  mail  combined : 
Provided,  That  trains  consisting  of  more  than  one  car  shall 
hot  be  run  over  said  franchise  in  said  city,  unless  two  are 
especially  authorized  by  the  Board  of  Public  Works,  upon 
petition  of  the  parties  of  the  second  part,  their  successors 
and  assigns ; that  the  tracks  of  said  parties  of  the  second 
part  shall  at  all  times  be  kept  in  repair,  provided  with  the 
most  modern  pattern  of  ‘‘T”  or  flange  rails-  of  sufficient 
size  and  weight,  and  in  such  condition  that  passengers 
riding  in  cars  over  the  same  will  suffer  no  unnecessary  dis- 
comfort or  inconvenience  by  reason  of  such  track  or  any 
part  thereof  being  irregular  or  uneven,  or  in  any  wise  in- 
sufficient, and  the  right  is  reserved  to  the  Board  of  Public 
Works  of  said  city  to  order  any  needed  repairs  to  said 
tracks  or  roadbeds  or  cars,  or  appliances  of  said  parties  of 
the  second  part,  and  said  parties  of  the  second  part  agree 
to  comply  with  such  order,  that  flange  rails  shall  be  laid 
and  maintained  on  all  streets  now  paved,  also  all  other 
streets  on  which  pavements  may  be  laid  hereafter. 

It  is  also  agreed  by  and  between  the  parties  hereto 
that  the  said  parties  of  the  second  part,  their  successors  and 
assigns,  will  at  all  times  run  at  least  one  car  each  hour  over 
its  said  line  within  said  city,  between  the  hours  of  5 o’clock 
A.  M.  and  12  o’clock  p.  m.,  of  each  and  every  day,  unless  by 
accident  it  becomes  impossible  to  do  so. 

430  1-2-1  8.  It  is  also  agreed  by  and  between  the 
parties  to  this  contract  that  the  said  parties  of  the  second 
part,  their  successors' and  assigns,  shall  permit  the  tracks, 
poles  and  wires  herein  authorized  to  be  laid  and  maintained. 


Cars,  decora- 
tion. 


Cars,  purposes 
for  which 
used. 


Rails,  kind  to 
be  used. 


Cars,  how 
frequently 
run. 


Tracks, 
authorized  to 
be  used  by 
other  parties, 
when. 


314 


I.AWS  AND  ORDINANCES. 


Compensation 
for  use  of 
tracks, 
amount. 


to  be  used  by  any  interurban  or  suburban  railway  company, 
carrying  passengers,  baggage,  light  express  and  United 
States  mail,  whenever  the  Board  of  Public  Works  and  Com- 
mon Council  of  said  city,  party  of  the  first  part,  by  contract 
approved  by  ordinance,  shall  have  granted,  authorized  and 
permitted  any  such  company  to  operate  any  such  railroad 
over  and  along  the  tracks  of  said  second  parties,  their  suc- 
cessors and  assigns. 

As  compensation  in  the  way  of  rental  to  said  parties  of 
the  second  part,  their  successors  and  assigns,  for  the  use  of 
their  said  railroad  and  the  wires  and  poles  thereto  belong- 
ing, by  any  such  interurban  or  suburban  railway  company 
receiving  a franchise  over  the  right  of  way  of  any  portion 
thereof,  as  authorized  in  Section  i8,  said  second  parties, 
their  successors  and  assigns,  shall  receive  from  each  of  said 
companies,  so  authorized  by  said  first  party,  one-half  of  the 
actual  cost  of  original  construction  of  said  part  of  said  road 
as  is  used  by  any  such  company  within  the  corporate  limits 
of  the  city,  which  cost  of  construction  shall  include  the  cost 
of  the  first  pavement  hereafter  ordered  by  the  Board  of 
Public  Works,  on  any  of  said  streets  so  occupied,  for  the 
purpose  of  an  interurban  or  suburban  business ; also  that  any 
company  or  companies  so  authorized  by  the  Board  of  Public 
Works  and  the  Common  Council  to  run  their  cars  over  the 
tracks  of  said  second  parties,  their  successors  and  assigns, 
shall,  from  and  after  occupancy  of  the  same,  pay  an  equal 
amount  of  the  cost  of  maintenance,  repairs,  taxes  and  assess- 
ments of  the  part  so  used  and  occupied,  and  also  of  the  cost 
of  removing  the  tracks,  poles  and  wires  of  said  second  party 
to  another  part  of  the  streets  occupied,  if  ordered  to  be  done 
by  the  Board  of  Public  Works  and  Common  Council,  as 
hereinafter  provided,  and  also  a reasonable  sum  for  pro- 
pelling cars. 

Provided,  however,  that  if  power  is  furnished  to  any 
such  company  or  companies  by  said  second  parties,  their  suc- 
cessors and  assigns,  for  a stipulated  price,  then  in  that  case 
the  cost  of  constructing  and  maintaining  poles  and  wires 
shall  not  be  included  in  the  item  of  rental  expenses  of  sai  1 
second  party. 


FORT  WAYNE  AND  SOTUHWESTERN  TRACTION  CO.  315 


And  provided,  further,  that  such  expenses  shall  not  in- 
clude the  annual  franchise  tax  collected  by  said  first  party,  or 
any  other  expense  growing  out  of  any  obligation  of  said 
second  party  that  relates  alone  to  the  cars,  building  of  depots 
or  any  regulation  thereof. 

The  said  interurban  or  suburban  railway  companies  so 
authorized  to  operate  cars  over  and  along  the  tracks  of  said 
second  ])arties  or  any  part  thereof,  as  herein  provided,  shall 
pay  the  charges  for  the  use  thereof  as  follows:  One-half  of 
the  cost  of  the  original  construction  of  such  part  of  the  road 
of  said  second  parties,  their  successors  and  assigns,  as  is 
authorized  to  be  used,  to  be  ])aid  for  in  cash,  such  payment 
to  be  a condition  precedent  to  the  taking  possession  of  such 
part  of  said  road  authorized  by  the  said  Board  of  Public 
Works  and  the  Common  Council. 

Provided,  however,  that  if  said  second  parties,  and  the 
company  to  which  said  grant  is  made,  do  not  agree  to  the 
original  cost  of  construction  of  such  part  of  the  road  as  is  to 
be  used  within  thirty  .days  from  the  granting  of  the  right  to 
use  such  part  of  said  road,  then  such  use  shall  be  permitted 
for  such  an  amount  as  shall  be  fixed  and  determined  as  one- 
half  of  the  original  cost  of  the  construction  of  the  same,  in 
an  action  instituted  by  either  of  said  parties  in  the  Allen 
Circuit  court  of  Allen  County,  in  the  State  of  Indiana,  and 
pending  such  controversy  or  suit,  such  suburban  or  inter- 
urban company  shall  have  the  right  to  use  the  tracks  author- 
ized by  the  Board  of  Public  Works  and  the  Common  Coun- 
cil, upon  executing  a bond  in  such  an  amount  and  with  such 
security  as  shall  be  approved  by  said  court,  conditioned  for 
the  payment  of  said  second  parties,  their  successors  and 
assigns,  of  the  amount  determined  upon  final  judgment 
rendered  in  said  court  as  being  one-half  of  the  original  cost 
of  construction  of  such  part  of  the  said  road  occupied  and 
used,  including  therein  one-half  the  original  cost  of  first 
pavement  that  may  have  been  made  by  said  second  parties, 
their  successors  and  assigns,  over  and  along  such  part : that 
payment  of  one-half  the  accruing  costs  and  expenses  grow- 
ing out  of  repairs  and  maintenance,  as  herein  provided,  shall 
be  promptly  paid  at  the  end  of  each  month. 


Franchise  tax 
not  included 
in  maintain- 
ance  fund. 


Persons  using 
tracks,  com- 
pensation, 
when  paid. 


If  compensa- 
tion cannot 
be  agreed, 
how  deter- 
mined. 


316 


LAWS  AND  ORDINANCES. 


Default  of  pay- 
ment, 
penalty. 


Removal  of 
tracks  can  be 
required  by 
city. 


Cost  of,  how 
paid. 


Distance  be- 
tween rails  of 
tracks. 


Poles,  kind 
required. 


If  any  such  interurban  or  suburban  railroad  company 
as  may  be  hereafter  authorized,  as  herein  provided,  to  use 
the  tracks  of  the  railroad  of  the  parties  of  the  second  part, 
their  successors  and  assigns,  shall  be  in  default  for  a period 
of  ninety  days  in  making  any  payment  herein  provided,  then 
their  right  to  use  the  tracks  of  the  parties  of  the  second  part, 
their  successors  and  assigns,  shall  cease. 

And,  provided,  further,  that  if  said  parties  of  the  second 
part,  their  successors  and  assigns,  cannot  furnish  power  to 
propel  the  cars  of  such  interurban  or  suburban  roads,  or 
they  may  be  unable  to  agree  on  the  reasonable  cost  of  such 
power,  then,  in  that  event,  the  said  interurban  or  suburban 
lines,  so  authorized  by  said  Board  of  Public  Works  and  the 
Common  Council,  shall  have  the  right  to  construct  and 
maintain  feed  and  trolley  wires  on  the  poles  of  said  parties 
of  the  second  part,  their  successors  and  assigns,  in  said  City 
of  Fort  Wayne,  and  the  compensation  for  the  use  of  the  poles 
for  the  construction  and  maintenance  of  said  wires  be,  as 
liereinafter  provided,  for  the  use  of  the  tracks. 

The  party  of  the  first  part  reserves  the  right  to  require 
the  said  parties  of  the  second  part,  their  successors  and  as- 
signs, to  remove  their  said  tracks  to  any  part  of  said  streets 
and  avnues  hereinbefore  mentioned  without  any  expense  of 
said  first  party,  and  upon  written  notice  by  said  first  party 
to  said  second  parties,  their  successors  and  assigns,  to  make 
such  changes,  a refusal  so  to  do  shall  authorize  the  work 
to  be  done  by  said  first  party,  and  the  cost  of  making  the 
removal  shall  be  paid  by  said  parties  of  the  second  part, 
their  successors  and  assigns,  to  the  city  on  demand,  and  the 
collection  thereof  enforced  as  any  other  valid  debt  and  attor- 
ney fees. 

430  1-2-J  9 It  is  further  agreed  that  the  inside 
distance  between  the  rails  shall  not  exceed  four  feet  eighr 
and  one-half  inches,  commonly  known  as  the  standard 
guage ; that  the  poles  used  for  the  purpose  of  stringing  the 
necessary  wires  used  for  the  operation  of  said  interurban 
street  railway  shall  be  iron  on  all  streets  and  avenues  herein 
mentioned,  from  Calhoun  street  to  city  limits,  on  Taylor 
street.  In  case  the  said  parties  of  the  second  part,  their  sue- 


FORT  WAYx\K  x-\ND  SOUTHWESTERN  TRACTION  CO.  317 


cessors  and  assigns,  should  fail  to  comply  with  any  of  the 
foregoing  agreements  and  stipulations  concerning  the  mo- 
tive power,  kind  of  cars  to  be  used,  or  painting,  decorations, 
heating,  lighting,  rails  or  roadbed,  or  any  other  stipulation 
contained  herein  concerning  the  operation,  maintenance  or 
construction  of  their  line  of  said  railway,  and  the  Board  of 
Public  Works  shall,  by  written  notice  served  on  any  one  of 
said  parties  of  the  second  part,  or  upon  their  successors 
and  assigns  (if  service  shall  be  made  upon  a corporation 
such  notice  shall  be  served  upon  an  officer  of  the  same), 
require  compliance  with  any  such  stipulation  within  a 
reasonable  time  therein  fixed,  and  said  second  parties,  their 
successors  and  assigns,  shall  continue  to  fail  and  refuse, 
after  any  such  period  so  fixed,  to  comply  with  any  such  pro- 
visions, then  said  second  parties,  their  successors  and  as- 
signs, shall  forfeit  to  the  city  the  sum  of  ten  dollars  ($10.00) 
for  each  and  every  day  that  it  shall  continue  to  violate  any 
such  provision  or  stipulation,  which  sum  may  be  collected  in 
a suit  on  the  bond  hereinafter  required  to  be  given  by  said 
parties  of  the  second  part,  or  otherwise,  as  said  Board  of 
Public  Works  may  elect : Provided,  That  nothing  contained 
herein  shall  be  construed  as  an  attempt  to  in  any  wise 
abridge  or  restrict  the  power  of  the  Common  Council  of 
said  city  to  enact  reasonable  ordinances  providing  for  the 
safety,  comfort  and  convenience  of  the  public  traveling  on 
lines  of  street  railway  in  said  city,  also  providing  reason- 
able penalties  for  the  violation  thereof. 

430  1-2-K  10.  In  further  consideration  of  the  grant 

herein  and  hereby  made,  and  in  part  payment  therefor,  the 
said  parties  of  the  second  part,  their  successors  and  assigns, 
agree  and  bind  themselves  to  pay  to  the  City  of  Fort  Wayne, 
party  of  the  first  part,  the  following  amount  annually,  dur- 
ing the  life  of  the  contract:  Without  compensation  for  the 
first  five  years;  two  hundred  and  fifty  dollars  ($250.00) 
annually  for  the  second  five  years,  and  for  the  remainder  of 
the  term,  five  hundred  dollars  ($500.00)  per  year. 

430  1-2-L  II.  It  is  agreed  by  and  between  the  par- 
ties hereto  that  one  of  the  principal  considerations  for  the 
grant  is  the  promise,  agreement  and  undertaking  of  the 


Failure  to  re- 
pair street 
upon  notice, 
penalty. 


Compensation 
to  city. 


To  build  an  in- 
terurban  line 
from  Fort 
Wayne  to 
H untington. 


318 


LAWS  AND  ORDINANCES. 


Failure  to, 
penalty. 


City  protected 
against  liabil- 
ity, how. 


Suits  against 
city,  who  de- 
fends. 


Poles  and 
wires,  where 
and  how 
erected  and 
maintained. 


parties  of  the  second  part,  their  successors  and  assigns,  to 
build  an  interurban  line  from  the  City  of  Fort  Wayne, 
Indiana,  to  the  City  of  Huntington,  Huntington  County,  In- 
diana, and  that  all  rights  and  privileges  granted  herein  by 
party  of  the  first  part  to  parties  of  the  second  part,  their 
successors  and  assigns,  shall  forfeit,  terminate  and  this  con- 
tract become  null  and  void  if  the  parties  of  the  second  part, 
their  successors  and  assigns,  shall  not  have  constructed  and 
in  operation  such  railroad  from  Fort  Wayne  to  said  City 
of  Huntington  on  the  first  day  of  January,  1902,  unless,  on 
account  of  acts  of  Providence,  litigation  or  from  unavoid- 
able delay,  in  which  event  the  Board  of  Public  Works  of 
said  city  may  grant  a reasonable  extension  of  time,  ‘'pro- 
vided that  the  same  is  approved  by  the  Common  Council.’^ 
430  1-2-M  12.  The  said  parties  of  the  second  part 

further  agree  and  bind  themselves,  their  successors  and  as- 
signs, to  keep  and  hold  said  city  free  and  harmless  from  all 
liability  for  any  and  all  damages  that  may  accrue  to  any  per- 
son or  persons  on  account  of  injury  to  either  person 
or  property,  growing  out  of  the  construction,  improvement, 
maintenance  and  operation  of  said  second  parties’  cars,  their 
successors  and  assigns’  cars  and  railway  system,  under  this 
contract,  and  in  case  suit  shall  be  filed  against  said  city, 
either  independently  or  jointly,  with  said  parties  of  the 
second  part,  on  account  thereof,  said  parties  of  the  second 
part,  upon  notice  to  it  by  said  city,  will  defend  said  city 
against  said  action,  and  in  the  event  of  a judgment  being 
obtained,  either  independently  or  jointly  with  said  parties 
of  the  second  part  aforesaid,  the  said  parties  of  the  second 
part  will  pay  said  judgment,  with  all  costs,  and  hold  the  city 
harmless  therefrom. 

430  1-2-N  13  y\ll  poles,  wires  and  fixtures  used  in 

and  about  said  street  railway  plant,  over  and  along  the 
streets  and  avenues  herein  mentioned,  shall  be  so  placed  and 
maintained  liy  the  said  parties  of  the  second  part,  their  suc- 
cessors and  assigns,  as  not  to  interfere  with  the  reasonable 
and  proper  use  of  the  streets  and  avenues,  and  shall  be  sub- 
ject to  the  approval  of  the  Board  of  Public  Works.  The 
tracks  of  said  parties  of  the  second  part,  their  successors 


FORT  WAYNE  AND  SOUTHWESTERN  TRACTION  CO.  319 


and  assigns,  shall  not  be  elevated  above  the  level  of  said 
streets  and  avenues  of  said  city,  and  the  same  shall  be  laid 
and  maintained  so  as  to  conform  with  the  established  grade 
of  said  streets  and  avenues  as  they  shall  from  time  to  time 
exist,  and  in  such  manner  as  to  be  no  unnecessary  impedi- 
ment to  the  ordinary  use  of  such  thoroughfare,  and  the 
passage  of  wagons,  carriages  and  other  vehicles  upon  or 
along  such  tracks  at  any  point  and  in  any  and  all  directions, 
with  suitable  bridges  at  all  gutters,  so  as  to  permit  the  free 
and  uninterrupted  flow  of  water  in  and  along  said  gutters. 

The  tracks  and  rails  shall  conform  with  the  grades  of 
the  streets  as  now  established  or  as  may  hereafter  be  estab- 
lished by  the  said  city,  and  subject  at  all  times  to  be  taken 
up  and  relaid  by  the  party  of  the  second  part,  their  suc- 
cessors and  assigns,  at  their  expense,  whenever  necessary, 
for  the  purpose  of  regrading  or  paving  or  repairing  said 
streets,  constructing  sewers,  laying  or  repairing  water  or 
gas  pipes  or  any  other  public  improvement.  In  case  said 
rails  or  track  shall  not  conform  to  the  grade  of  the  street 
as  above  provided,  and  the  Board  of  Public  Works  shall 
notify  the  said  parties  of  the  second  part  thereof,  and  the 
parties  of  the  second  part  shall  fail  to  do  the  necessary 
work  of  making  such  tracks  and  rails  conform  to  any  such 
grade  within  thirty  days  from  the  time  of  receiving  said 
notice,  then  the  Board  of  Public  Works  shall  have  the  right 
to  enter  upon  said  tracks  and  make  said  repairs  or  improve- 
ments, and  charge  the  cost  thereof  to  said  parties  of  the 
second  part ; and  in  case  the  said  parties  of  the  second  part 
fail  to  pay  said  expense  within  thirty  days  after  the  said 
Board  has  rendered  a bill  therefor,  then  the  said  city  shall 
have  a right  of  action  to  recover  such  amount  against  the 
said  parties  of  the  second  part,  and  the  said  parties  of  the 
second  part,  their  successors  and  assigns,  shall  be  liable 
upon  the  bond,  which  is  hereinafter  provided  for,  for  any 
such  amount.  And  in  case  of  such  failure  to  pay  any  such 
bill,  and  suit  is  brought  to  recover  the  same,  either  on  said 
bond  or  otherwise,  then  the  said  city  shall  be  entitled  to 
recover,  in  addition  to  the  amount  of  the  cost  of  said  repair 
or  improvement,  reasonable  attorney  fees : Provided,  how- 


Track  laid 
with  grade  of 
street. 


Failure  to 
relay  tracks 
by  grantees, 
authority  of 
Board  of 
Works. 


320 


LAWS  AND  ORDINANCES. 


ever,  that  such  notice  shall  not  be  given  at  time  of  year  un- 
suitable for  the  doing  of  the  work  required,  unless  the 
condition  of  such  track  is  such  as  to  endanger  the  safety 
of  passengers.  Should  it  be  necessary  in  the  prosecution  of 
any  public  work  to  temporarily  stop  the  operation  of  cars, 
it  may  be  done  by  order  of  the  Board  of  Public  Works, 
and  in  such  case  the  party  of  the  first  part  shall  be  held  fret 
from  all  claims  for  damages  by  reason  of  delay  to  the  busi- 
ness or  traffic  of  said  parties  of  the  second  part.  But  said 
parties  of  the  second  part  shall  be  required  to  operate  their 
lines  of  street  railway  continuously,  unless  prevented  from 
so  doing  by  act  of  God,  accidents  or  other  causes  that  can- 
not be  reasonably  prevented. 


Regulations  of 
cars,  how. 


Violations  of 
conditions  of 
franchise, 
penalty. 


Grantees  not 
to  impede 
public  im- 
provements. 


430  1-2-0  14.  The  said  parties  of  the  second  part 
shall  at  all  times  so  regulate  the  running  of  their  cars  as 
not  to  impede  or  obstruct  public  travel  at  intersections  of 
streets,  alleys  and  avenues  of  said  city,  and  their  cars  shall 
be  stopped  clear  of  cross  streets. 

It  is  also  agreed  in  addition  to  any  other  penalties  and 
forfeitures  herein  fixed  and  prescribed  that  if  the  said  parties 
of  the  second  part,  their  successors  and  assigns,  shall  habi- 
tually, continually  or  continuously  violate  any  of  the  pro- 
visions of  this  contract,  or  of  the  ordinance  approving  the 
same,  or  such  other  ordinances  as  may  be  passed  by  the 
Common  Council  of  said  city,  then  said  parties  of  the  second 
part,  their  successors  and  assigns,  shall  forfeit  all  their 
rights,  title  and  interest  in  or  to  the  use  or  occupancy  of 
the  streets,  avenues,  alleys  and  highways  of  said  city  for 
street  railroad  purposes,  and  their  contract  and  franchise 
for  the  same  shall  be  at  an  end  and  subject  to  forfeiture. 

It  is  also  agreed  by  and  between  said  parties  that  any 
improvement  undertaken  by  or  in  the  name  of  said  city, 
or  by  any  contractor  for  and  with  said  city  for  the  improve- 
ment of  any  street,,,  alley,  avenue,  sidewalk  or  crossing,  or 
for  the  construction  of  any  sewer  or  drain  or  other  public 
work,  shall  not  be  impeded  by  said  parties  of  the  second 
part,  their  agents  or  employes ; but  said  parties  of  the 
second  part  shall  do  all  in  their  power  to  advance  such  im- 
provement by  the  moving  of  their  tracks  and  poles  and 


I 


FORT  WAYNE  AND  SOUTHWESTERN  TRACTION  CO.  321 


relaying  and  placing  the  same,  when  it  becomes  necessary, 
at  their  own  cost,  as  hereinbefore  provided.  The  said  party 
of  the  first  part  shall  protect  the  said  parties  of  the  second 
part  as  much  as  possible,  by  seeing  that  the  contractor  for 
any  such  public  work  does  not  intentionally,  negligently  or 
maliciously  delay  the  same  to  the  detriment  of  the  said 
parties  of  the  second  part. 

430  1-2-P  15.  It  is  further  agreed  by  and  between 

the  parties  to  this  contract  that  all  the  rights  hereby  granted 
to  the  said  parties  of  the  second  part,  to  maintain  and 
operate  an  interurban  street  railway  line  or  any  part  thereof 
in  said  city,  shall  continue  for  a period  of  fifty  years  from 
the  taking  effect  of  this  contract,  and  all  terms,  conditions 
and  covenants  of  this  contract  shall  be  binding  and  con- 
clusive for  that  period  on  both  parties  hereto ; but  all  such 
rights,  conditions  and  covenants  are  hereby  expressly  lim- 
ited to  said  period  of  fifty  years,  which  period  shall  begin 
on  the  taking  effect  of  this  contract  and  end  fifty  years 
therefrom. 

This  limitation  of  time  is  agreed  to  be  one  of  the  chief 
considerations  for  the  grant  hereby  made,  and  the  said  par- 
ties of  the  second  part,  recognizing  and  conceding  that 
such  limitation  of  time  as  herein  expressed  is  one  of  the 
essential  and  governing  conditions  of  the  contract,  do  hereby 
bind  themselves,  their  successors  and  assigns,  that  at  the 
expiration  of  said  period  it  will  peaceably  yield  possession 
of  every  part  of  every  street  and  avenue  in  said  city  then 
occupied  by  their  lines  of  street  railway,  and  cease  the  opera- 
tion of  the  said  railway  plant  and  every  part  thereof,  and 
from  thenceforward  will  make  no  claim  of  any  kind  to  ex- 
ercise any  right  whatever  under  the  grant  herein  made  or 
under  any  charter  or  corporate  rights,  and  any  rights  which 
might  be  claimed  by  said  parties  of  the  second  part,  or  their 
successors  or  assigns,  to  hold  beyond  said  period  of  time 
under  the  statute  under  which  it  was  incorporated. 

430  1-2-Q  16.  The  said  parties  of  the  second  part, 

before  exercising  any  of  the  rights  and  privileges  hereby 
granted,  shall  execute  to  the  City  of  Fort  Wayne  a good 
and  sufficient  bond  in  the  sum  of  ten  thousand  dollars 
($10,000.00),  with  good  and  sufficient  sureties  to  be  ap- 


I erm  of 
franchise. 


T o vacate 
streets  at 
end  of  term. 


Bond  of 
grantee. 


322 


LAWS  AND  ORDINANCKS. 


Bond,  when 
renewed. 


Failure  to  re- 
new, penalty. 


Cars,  kind. 


Concrete, 
where  and 
how  used 
under  tracks. 


Time  within 
which  road  to 
be  completed. 


proved  by  the  said  Board  of  Public  Works,  conditioned  that 
the  parties  of  the  second  part,  their  successors  and  assigns, 
shall  faithfully  carry  out  and  perform  each  and  every  agree- 
ment herein  contained,  and  shall  well  and  truly  pay  to  said 
city  all  penalties,  forfeitures  and  other  sums  of  money 
which,  under  the  terms  of  the  contract,  they  may  become 
liable  to  said  city,  and  said  bond  shall  be  renewed  from 
time  to  time  during  said  period  on  the  demand  of  the  said 
Board  of  Public  Works  of  said  city,  whenever  in  the  opinion 
of  the  Board  of  Public  Works  said  bond  has  become  in- 
sufficient for  any  reason  whatever,  or  whenever,  by  the 
accumulation  of  unpaid  penalties,  forfeitures,  judgments  or 
other  claims  against  said  second  parties  in  favor  of  said 
city,  the  Board  deems  such  renewal  necessary. 

And  in  case  the  said  parties  of  the  second  part,  their 
successors  and  assigns,  shall  on  the  reasonable  demand  of 
said  Board,  fail  or  refuse  to  renew  such  bond  or  furnish 
such  additional  security  thereon  as  may  be  required,  then 
their  rights  under  this  contract  shall  cease,  and  the  fran- 
chise herein  granted  be  forfeited,  which  forfeiture  may  be 
enforced  in  any  court  of  competent  jurisdiction. 

It  is  further  agreed  by  and  between  the  parties  to  this 
contract  that  the  express  and  mail  cars  used  under  this 
franchise  shall  be  of  the  same  size  and  construction  as  a 
passenger  car,  except  as  to  windows  and  inside  finish.  That 
on  all  streets  and  avenues  herein  authorized  to  be  used, 
which  are  paved  before  such  tracks  are  laid,  the  ties  shall 
be  laid  upon  a six-inch  bed  of  concrete  extending  to  the 
ends  of  the  ties,  and  thereafter,  whenever  the  streets  on  any 
part  of  the  line  of  said  railway  shall  be  paved,  a like  bed 
of  concrete  shall  be  placed  under  the  ties  for  such  distance 
as  the  said  streets  or  avenues  may  be  paved. 

430  1-2-R  17-  It  is  further  agreed  by  and  between 

the  parties  that  said  interurban  line  is  to  be  completed  be- 
tween the  City  of  Fort  Wayne  and  the  City  of  Huntington, 
Indiana,  before  January  i,  1902,  or  else  the  rights  and 
privileges  under  the  same  are  forfeited. 

430  1-2-S  18.  It  is  further  agreed  by  and  between 

the  parties  to  this  contract,  their  successors  and  assigns, 


FORT  WAYNE  AND  SOUTHWESTERN  TRACTION  CO.  323 


that  the  party  of  the  first  part  herein  reserves  the  absolute 
right  to  grant  to  any  person,  company  or  corporation  a 
franchise  for  the  purpose  of  constructing  an  interurban  or 
suburban  street  railroad  over  the  right  of  way  herein 
granted  or  any  part  thereof  after  ninety  days  from  the 
approval  of  this  contract,  and  before  occupancy  of  the  same 
or  any  part  thereof  by  said  second  party. 

Said  first  party  further  reserves  the  right  to  grant  to 
any  person,  company  or  corporation  a franchise  for  an  inter- 
urban or  suburban  railroad  over  the  same  right-of-way  or 
any  part  thereof  herein  specified  after  such  occupancy  of 
same  by  said  second  parties,  their  successors  and  assigns : 
Provided  that  such  grant  shall  authorize  the  use  and  occu- 
pancy according  to  terms  and  conditions  provided  in  Sec- 
tion 8.  And,  provided  further,  That  if  said  grant  is  made 
to  any  person,  company  or  corporation  after  ninety  days, 
and  before  occupancy  by  said  second  party,  that  said  second 
party  in  that  case  shall  have  the  right  to  use  and  occupy 
said  right  of  way  according  to  Section  8 of  this  contract. 

And  it  is  further  agreed  that  said  second  party  shall 
not  use  any  portion  of  this  right-of-way  under  Section  8 
unless  they  shall  construct,  maintain  and  operate  an  inter- 
urban line,  as  hereinbefore  provided,  between  the  Cities  of 
Fort  Wayne  and  Huntington,  Indiana.  i 

Parties  of  the  second  part,  their  successors  and  as- 
signs, obligate  themselves  to  run  one  extra  car  in  addition 
to  those  required  of  interurban  service,  and  such  other  cars 
as  are  necessary  to  provide  the  proper  and  sufficient  city 
service. 

It  is  further  agreed  by  the  parties  of  the  second  part, 
their  successors  and  assigns,  that  they  are  to  accept  transfer 
tickets  from  all  interurban  or  suburban  lines  upon  an  equal 
division  of  the  fare  provided  for  in  the  City  of  Fort  Wayne ; 
conditioned,  however,  that  such  other  lines  shall  accept 
transfers  from  the  parties  of  the  second  part,  their  suc- 
cessors and  assigns,  upon  the  same  conditions. 

It  is  agreed  by  and  between  the  parties  to  this  contract 
that  all  rights,  privileges,  conditions,  limitations  and  obli- 
gations of  the  second  parties  shall  extend  to  and  be  binding 
on  their  successors  and  assigns. 


Rights  re- 
served by 
city. 


Extra  cars  t<S 
be  run,  when 
and  where. 


T ransfer 
tickets  re- 
quired. 


28 


324 


LAWS  AND  OKDINANCES. 


It  is  agreed  by  and  between  the  parties  to  this  contract 
that  in  the  construction  of  the  said  railroad  none  of  the 
rights  and  privileges  herein  granted  shall  vest  in  the  parties 
of  the  second  part,  their  successors  and  assigns,  until  said 
parties  of  the  second  part,  their  successors  and  assigns, 
shall  have  constructed  their  interurban  line  from  Hunting- 
ton,  Indiana,  to  the  crossing  of  the  Wabash  railway  right- 
of-way  and  Taylor  street,  within  the  city  limits. 

It  is  further  agreed  by  and  between  the  parties  to  this 
contract  that  party  of  the  first  part  is  authorized  and  em- 
powered to  grant  a franchise  to  any  person,  company  or 
corporation,  to  occupy  and  use  any  part  of  said  interurban 
or  suburban  railroad  that  may  hereafter  come  within  the 
limits  of  the  City  of  Fort  Wayne  by  annexation  of  terri- 
tory by  the  Common  Council : Provided  that  such  use 

shall  be  upon  the  terms  and  conditions  provided  in  Section 
8 in  this  contract. 

It  is  understood  between  the  parties  to  this  contract 
that  the  right-of-way  herein  granted  to  said  parties  of  the 
second  part,  their  successors  and  assigns,  from  Calhoun 
street  to  Fox  avenue,  on  Taylor  street,  is  the  right-of-way 
that  was  heretofore,  by  contract  bearing  date  of  May  21, 
1900.  approved  by  ordinance  passed  by  the  Common  Coun- 
cil on  the  30th  day  of  June,  1900,  granted  to  J.  H.  Simon- 
son, Louis  J.  Bobilya,  Edward  White,  James  M.  McKay, 
John  W.  White,  Asahel  S.  Coverdale,  Christian  C.  Schlat- 
ter, William  Geake,  Franklin  P.  Wilt,  William  Kaough, 
Perry  R.  Smith,  Henry  S.  Thayer  and  John  D.  Olds,  by 
party  of  the  first  part,  and  that  said  first  party,  in  granting 
the  franchise  herein  agreed  upon,  does  so  under  and  by 
virtue  of  the  authority  and  power  reserved  unto  itself  in 
Section  18  of  said  franchise  to  said  J.  H.  Simonson,  Louis 
J.  Bol)ilya,  Edward  White,  James  M.  McKay,  John  W' . 
White,  Asahel  S.  Coverdale,  Christian  C.  Schlatter,  William 
Geake,  Franklin  P.  Wilt,  William  Kaough,  Perry  R.  Smith, 
Henry  S.  Thayer  and  John  D.  Olds. 

In  witness  whereof,  we  have  hereunto  set  our  hands 
and  seals  this  13th  day  of  December,  A.  D.,  1900. 

CITY  OF  FORT  WAYNE,  by 


SAI.IMONIE  MINING  AND  GAS  CO.  325 

PETER  EGGEMANN,  (Seal) 

P.  H.  KANE,  (Seal) 

J.  K.  M'CRACKEN,  (Seal) 

Board  of  Public  Works. 
GEORGE  TOWNSEND, 
WILLIAM  S.  REED, 

CHARLES  C.  MILLER. 

Attest : A.  M.  SCHMIDT,  Clerk. 

430  1-2-T  Sec.  I.  Be  it  ordained  by  the  Common 
Council  of  the  City  of  Fort  Wayne,  Indiana,  That  the  con- 
tract and  agreement,  heretofore,  to-wit,  on  November  27, 
1900,  made  and  entered  into,  by  the  City  of  Fort  Wayne,  by 
and  through  its  Board  of  Public  Works  of  the  city,  and 
George  Townsend,  William  S.  Reed  and  Charles  C.  Miller, 
as  fully  set  out  in  the  preamble  hereto,  be  and  the  same  is 
hereby  in  all  things  confirmed  and  approved. 

430  1-2-U  Sec.  2.  This  ordinance  shall  take  efifect 
and  be  in  full  force  from  and  after  its  passage  and  approval 
by  the  Mayor.  [Approved  December  13,  1900.] 

Ordinance  Record  i,  page  433. 


AN  ORDINANCE  of  the  City  of  Fort  Wayne,  Indiana,  to 
the  Salinionie  Mining  and  Gas  Company. 

431  Sec.  i.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  subject  to  the  terms,  con- 
ditions and  provisions  of  this  ordinance  there  is  hereby 
granted  to  the  Salinionie  Mining  and  Gas  Company,  a cor- 
poration duly  organized  and  existing  under  the  laws  of  the 
State  of  Indiana,  its  successors  and  assigns,  the  right-of-way 
along,  through  and  under  the  streets,  avenues,  lands,  alleys 
and  public  places  in  said  city  for  the  purpose  of  laying,  con- 
structing, maintaining,  using  and  operating  one  or  more 
lines  of  gas  mains,  branch  pipes  with  necessary  feeders 
and  service  pipes,  drips  and  other  devices  necessary  for  the 
successful  operation  of  said  lines  and  pipes  in  conducting, 
supplying  and  delivering  natural  gas  or  produced  gas  to 
consumers  thereof  for  illuminating,  heating  and  power 
purposes. 


Ordinance 

approving 

contract. 


Salimonie 
Mining  and 
Gas  Com- 
pany. 


Extent  of  per- 
mission and 
grant. 


Purposes  of 
grant. 


326 


LAWS  AND  ORDINANCES. 


Bond, 

conditioned. 


Not  to  inter- 
fere with 
water,  gas  or 
sewer  pipes. 


Will  restore 
all  excava- 
tions made  in 
streets  and 
alleys. 


Will  remove 
all  rubbish 
from  off 
streets. 


432  Sec.  2.  Before  the  said  Salimonie  Mining  and 
Gas  Company,  desiring  to  pipe  the  city  of  Fort  Wayne  for 
supplying  natural  gas,  shall  do  any  work  towards  laying 
any  mains  or  pipes  in  any  street,  avenue,  lane,  alley  or  public 
ground  under  the  grant  thereof,  such  company  shall  ex- 
ecute a bond  to  the  City  of  Fort  Wayne,  Indiana,  in  the 
penal  sum  of  fifty  thousand  dollars  ($50,000.00)  to  the  ac- 
ceptance and  approval  of  the  Mayor,  in  which  one  or  more 
sureties  shall  reside  in  Allen  county,  Indiana,  conditioned 
as  follows : 

First — The  said  Salimonie  Mining  and  Gas  Company 
will  not  in  any  manner  molest,  damage  or  interfere  with 
any  gas  or  water  pipes  or  public  or  private  sewers  now  laid 
or  constructed,  or  which  may  hereafter  be  laid  or  con- 
structed, in  or  along  any  of  the  streets,  alleys,  lanes,  avenues 
or  public  grounds  of  said  city. 

Second — That  said  Salimonie  Mining  and  Gas  Com- 
pany will  restore  any  and  all  streets,  alleys,  lanes  and  ave- 
nues or  public  grounds  in  which  it  may  lay  mains  or  pipes 
or  which  it  shall  disturb  or  interfere  with  in  laying  pipes 
or  trenchings  or  excavations  for  the  purpose  of  laying  mains 
or  pipes,  or  in  using  any  apparatus  or  machinery  in  connect- 
ing any  connection  through  them,  to  as  good  a condition  as 
they  were  before  the  laying  and  use  of  said  mains  or  pipes, 
apparatus  or  machinery,  as  before  said  trenching  and  ex- 
cavating were  begun,  and  that  it  will  maintain  the  same 
in  such  condition  for  one  year  after  such  mains  or  pipes  are 
laid,  or  such  trenches  or  excavations  dug  or  made,  and  in 
all  cases  where  said  city  shall  have  taken  a bond  or  agree- 
ment from  any  contractor  to  keep  and  maintain  the  pave- 
ments in  any  street  in  good  repair  for  a given  time,  the  said 
company  shall  keep  that  portion  in  such  street  from  which 
it  may  remove  the  pavement  for  the  purpose  of  laying  its 
mains,  pipes  and  conduits  in  good  condition  and  repair  for 
the  same  period  of  time  stipulated  in  such  bond  or  agree- 
ment between  the  city  and  the  contractor. 

Third — That  said  Salimonie  Mining  and  Gas  Company 
will,  without  delay,  clear  from  such  streets  and  place  dirt 
and  rubbish  caused  by  or  resulting  from  the  laying  of  said 
mains  or  pipes  or  making  such  trenches  or  excavations. 


SALIMONIK  MINING  AND  GAS  CO. 


327 


Fourth — i hat  said  Salimonie  Mining  and  Gas  Company 
will  reimburse  the  said  city  from  all  sums  it  may  expend 
in  restoring  any  street  or  other  public  place,  or  any  part 
thereof,  to  as  good  a condition  as  the  same  was  before  the 
same  was  opened  for  the  purpose  of  laying  the  mains  or 
pipes  thereof  and  for  all  sums  expended  in  clearing  any 
such  streets  or  places  from  dirt  or  rubbish,  caused  by  or 
resulting  from  the  laying  of  said  mains  or  pipes  where  the 
said  company  failed  to  restore  the  streets  or  other  places 
or  removed  such  dirt  or  rubbish  as  provided  by  this 
ordinance. 

Fifth — d'hat  it  will  indemnify  and  save  harmless  the 
city  from  and  against  any  and  all  claims,  demands,  actions, 
suits,  judgments  or  liabilities  of  every  kind  as  the  said 
city  may  be  subjected  to  or  incur  in  consequence  or  growing 
out  of  the  opening  of  said  streets  or  other  places,  or  the 
carrying  of  said  mains  or  pipes  therein,  or  of  permitting 
or  having  such  gas  within  the  city  or  in  such  mains  or 
pipes  or  in  said  streets  or  other  places,  or  doing  work  inci- 
dent to  this  grant  or  the  manner  of  doing  the  same,  or  in 
consequence  of  injuries  or  damages  to  persons  or  property 
by  said  gas  or  by  reason  of  any  explosion  of  such  gas  or  in 
consequence  of  or  growing  out  of  the  failure  of  said  com- 
pany to  restore  the  said  streets  or  other  places  to  as  good 
a condition  as  they  were  before  being  opened  by  it  or  in 
consequence  of  or  growing  out  of  any  negligence  of  the 
agents  or  servants  of  said  company,  it  being  the  intention 
of  the  city  and  said  company  accepting  the  provision  of 
this  ordinance  that  said  company  shall  be  liable  as  between 
them  and  said  city  in  all  such  cases. 

Sixth — That  the  said  company  in  accepting  the  pro- 
visions of  this  ordinance  shall  within  one  year  lay  not  less 
than  twenty-five  miles  of  mains  within  the  corporate  limits 
of  the  city,  and  shall  make  all  further  extensions  of  mains 
whenever  ordered  to  do  so  by  the  Common  Council  of  the 
city,  but  said  Council  shall  have  no  right  to  order  said 
mains  extended  until  enough  consumers  shall  have  sub- 
scribed for  the  use  of  such  gas  as  will  warrant  a net  profit 
of  not  less  than  lo  per  cent,  per  annum  upon  the  actual  cost 


Will  reimburse 
city  for  all 
money  by  it 
expended  in 
repairing 
street,  if 
caused  by 
said  Company 


To  indemnify 
the  city 
against  cer- 
tain 

judgments. 


Amount  of 
pipe  to  be 
laid  the  first 
year. 


328 


LAWS  AND  ORDINANCES. 


To  renew 
bond,  when. 


Where  pipe  to 
be  laid,  when 
practicable. 


To  remove 
pipe  to  enable 
city  to  make 
public 

improvement. 


All  sidewalks, 
crosswalks, 
disturbed  to 
be  replaced, 
when. 


of  such  extensions,  and  the  company  further  agrees  to  lay 
its  mains  in  the  city  no  faster  than  the  main  supply  pipes 
from  the  wells  to  this  city  are  laid  until  it  shall  have  laid 
twenty-five  miles  in  said  city. 

433  Sec.  3.  The  Mayor  may  require  the  renewal  of 
the  bonds  provided  for  in  this  ordinance  whenever  in  his 
judgment  they  have  become  insufficient  by  reason  of  the 
death  or  insolvency  of  any  of  the  securities  on  said  bonds. 

434  Sec.  4.  A.11  the  mams  or  pipes  laid  under  the 
provisions  of  this  ordinance  shall  be  laid  in  an  alley  when- 
ever the  same  is  practicable,  and  no  route  shall  ever 
be  selected  or  mains  and  pipes  laid  in  said  city  by  said 
company  under  the  provisions  of  this  ordinance  until  a 
general  plan  showing  the  streets  and  alleys,  avenues,  lanes 
and  public  grounds,  to  be  opened  and  the  proposed  location 
of  the  mains  and  pipes  in  such  streets,  alleys,  lanes,  etc., 
and  the  highest  pressure  intended  to  be  carried  in  said  lines 
with  the  necessary  precautions  for  safety  shall  have  been 
submitted  to  and  approved  by  the  Common  Council.  Which 
said  general  plan  when  so  approved  shall  be  retained  by  said 
city  and  filed  with  the  City  Clerk  as  a public  record  of 
said  city. 

435  Sec.  5.  Whenever  the  City  of  Fort  Wayne  shall 
determine  to  construct  any  sewer,  water  pipe  or  other  im- 
provement in,  along  or  across  any  street,  alley,  avenue  or 
lane  where  any  main  or  pipes  of  said  company  shall  be  laid, 
said  company  shall  at  its  own  expense  lower,  elevate,  change 
or  remove  the  mains  or  pipes  so  that  said  sewer,  water  pipe 
or  improvement  may  be  laid  at  the  place  determined  upon 
by  said  city.  Notice  given  by  the  City  Civil  Engineer  in 
writing  shall  be  sufficient. 

436  Sec.  6.  All  the  pavements,  sidewalks,  cross- 
walks, curbstones,  gutters,  streets,  alleys,  or  public  grounds 
in  any  way  displaced,  disturbed  or  injured  by  said  company 
in  laying,  altering,  repairing  or  maintaining  its  mains,  pipes, 
street  boxes,  valves  or  other  appliances  shall  immediately 
be  restored,  replaced,  repaired  and  put  in  as  good  condition 
as  the  same  were  before  being  disturbed  or  replaced  as 
aforesaid. 


SAI.IMONIE  MINING  AND  GAS  CO. 


329 


437  Sec.  7.  All  work  in  laying  or  repairing  mains 
or  pipes  shall  be  prosecuted  in  such  a manner  as  not  to  in- 
terfere with  the  public  use  or  travel  upon  the  streets,  ave- 
nues, lanes  and  alleys  of  said  city  where  it  can  be  avoided, 
and  when  such  use  is  unavoidably  obstructed  by  said  com- 
pany said  company  will,  with  all  reasonable  dispatch,  repair 
and  replace  such  streets,  avenues,  lanes,  alleys  or  public 
grounds  so  that  the  public  use  will  not  be  obstructed  beyond 
a reasonable  time.  The  work  shall  be  pushed  as  rapidly 
as  practicable  to  completion  and  all  of  the  streets,  avenues, 
lanes  and  alleys  or  public  grounds  shall  be  promptly  restored 
to  as  good  condition  as  they  were  in  before  the  work  was 
commenced  and  shall  be  kept  in  such  condition  by  said  com- 
pany for  a period  of  one  year.  No  street,  alley,  avenue,  lane 
or  public  ground  shall  be  opened  under  the  provisions  of 
this  ordinance  between  December  ist  and  March  ist,  unless 
the  City  Civil  Engineer  in  specific  cases  shall  authorize  the 
same. 

437-A  Sec.  8.  All  the  pipes,  mains  and  apparatus 
of  every  kind  and  description  used  by  said  company  shall 
be  of  the  most  approved  design  and  quality ; all  the  pipes 
shall  be  tested  pipes  and  shall  be  so  laid  as  not  to  interfere 
with  the  use  of  the  streets,  alleys,  avenues,  lanes  or  public 
grounds  after  the  same  are  in  place.  The  mains  and  service 
pipes  shall  not  be  laid  in  pul)lic  streets,  alleys,  avenues,  lanes 
and  public  grounds  of  said  city  so  as  to  prevent  the  escape 
of  gas,  and  in  such  a manner  as  that  the  use  of  the  gas  will 
be  safe ; said  service  pipe  shall  be  laid  to  the  curb  line  in 
the  streets  and  property  line  in  the  alleys,  without  expense 
to  the  person  desiring  to  use  the  gas. 

437-B  Sec.  9.  If  the  City  Civil  Engineer  shall  dis- 
cover, at  any  time,  that  said  company  is  doing  its  work  in  a 
careless,  incompetent  or  unskilful  manner,  he  shall  notify 
the  said  company  prosecuting  the  work  in  writing,  and  if 
such  carelessness,  incompetency  and  unskilfulness  is  not 
immediately  remedied  he  shall  report  the  same  to  the  Com- 
mon Council  and  said  company  shall  immediately  stop  said 
work  until  the  further  order  of  the  Common  Council. 

437-C  Sec.  10.  In  order  to  provide  against  gas  that 


Repairs  made 
by  the  Com- 
pany, how 
prosecuted. 


Kind  of  ma- 
terial used  in 
construction 
and  repair. 


Engineer, 

duty. 


330 


LAWS  AND  ORDINANCES. 


Escape  of  gas, 
how  pre- 
vented 

by  Company. 


Price  charged 
for  gas  to 
consumers. 


may  escape  from  high  or  low  pressure  mains  and  pipes,  from 
passing  into  cellars,  sewers  and  buildings,  it  shall  be  and 
it  is  hereby  made  the  duty  of  said  company  laying  mains 
and  pipes  for  carrying  gas  as  aforesaid  to  provide,  furnish 
and  supply  all  proper  means  that  may  be  sufficient  to  carry 
ofif  any  and  all  gas  which  may  leak  or  escape  through  de- 
fective joints  or  defects  in  mains,  regulators  with  guages 
showing  the  amount  of  pressure  on  all  natural  gas  lines 
shall  be  erected  by  said  company ; said  regulators  with 
guages  shall  be  open  to  public  inspection  at  all  times  during 
business  hours  by  application  at  the  office  of  said  company 
by  such  officer  as  the  Mayor  or  Common  Council  shall  name, 
or  the  Chief  of  Police  or  Chief  of  Fire  Department.  And 
upon  an  order  from  the  City  Civil  Engineer  said  company 
shall  cut  off  or  reduce  the  pressure  on  such  lines  whenever 
such  pressure  shall  be  unsafe  and  in  excess  of  that  provided 
according  to  Section  4 of  this  ordinance. 

437-D  Sec.  II.  In  consideration  of  the  use  of  the 
streets,  alleys  and  public  grounds  as  aforesaid  and  for  the 
granting  of  this  franchise  to  said  company,  it  shall  as  a 
condition  to  the  exercise  of  the  franchise  herein  granted 
furnish  natural  gas  to  consumers  in  sufficient  and  proper 
quantities  and  at  the  schedule  price,  following,  to-wit : 


FOR  COOKING. 


From  November  1 to  May  1. 


From  May  1 to  November  1. 


cc 

5 b/) 

If  paid  before 
the  10th. 

(« 

<U 

1 vf 

If  paid  before 
the  10th. 

0 n 

s 5 

Disc’t. 

Ch^’s. 

^ 0 

Disc’t. 

Chg’s. 

No.7Mix’r 

No.SMix’r 

$2.78 

2.22 

.28 

.22 

$2.50 

2.00 

No. 7 Mix’r 
N0.5  Mix’r 

$1.66 

1.39 

.16 

.14 

$1.50 

1.25 

FOR  LARGE  COOKING  RANGE. 


From  November  1 to  May  1. 

From  May  1 to  November  1. 

No.  9 Mixer 

$3.33 

.33 

$3.00 

No.  9 Mixer 

$2.22 

.22 

$2.00 

SALIMONIE  MINING  AND  GAS  CO, 


331 


FOR  LAUNDRY. 

(When  g-as  is  furnished  for  cook  stoves  also.) 


Monthly 

Charges. 

Disc’t 

Chg’s 

Monthly 

Charges. 

Disc’t 

Chg’s 

No.  7 Mixer 

Sl.ll 

.11 

$1  00 

No.  5 Mixer 

.83 

.08 

.75 

(All  gas  used  by  manufacturers  for  boiler  heating  and  the 
generation  of  steam  for  factory  purposes  shall  not  exceed  in 
price  70  per  cent,  of  the  price  of  coal.) 

FOR  HEATER-No.  7 MIXER. 


Monthly 

Charges 

If  paid  before 
the  10th. 

Annual 

Charges. 

If  paid  before 
the  10th. 

Disc’t 

Chg’s. 

Disc’t. 

Chg’s. 

1st  Mixer. . 

$5.00 

.50 

$4.50 

1st  Mixer.  . 

$30  00 

$3.00 

$27.00 

2d  Mixer.  . 

4 44 

.44 

4.00 

2d  Mixer.  . 

26.64 

2.64 

24.00 

3d  Mixer. . 

3.89 

.39 

3.50 

3d  Mixer. . 

23.34 

2.34 

21.00 

4th  Mixer.  . 

3.33 

.33 

3 00 

4th  Mixer.  . 

19.98 

1.98 

18  00 

5th  Mixer.  , 

2 78 

.28 

2 50 

5th  Vlixer.  . 

16.68 

1 68 

15.C0 

6th  Mixer. . 

2.22 

.22 

2.00 

6th  Mixer. . 

13.32 

1 32 

12.00 

No.  5 MIXER, 


Monthly 

Charges. 

If  paid  before 
the  10th. 

Annual 

Charges. 

If  paid  before 
the  10th. 

Disc’t 

Chg’s. 

Disc’t. 

Chg’s. 

1st  Mixer. . 

$3.89 

.39 

$3.50 

1st  Mixer.  . 

$23.34 

$2.34 

$21.00 

2d  Mixer. . 

3.33 

.33 

3.00 

2d  Mixer. . 

19.98 

1.98 

18.00 

3d  Mixer. . 

2.78 

.28 

2.50 

3d  Mixer. . 

16.68 

1.68 

15.00 

4th  Mixer. . 

2.22 

.22 

2.00 

4th  Mixer. . 

13.32 

1.32 

12.00 

5th  Mixer.  . 

1.66 

.16 

1.50 

5th  Mixer. . 

9.96 

.96 

9.00 

6th  Mixer. . 

1 39 

.14 

1.25 

6th  Mixer. . 

8.34 

.84 

7.50 

FURNACES. 


If  paid  before 

Annual  Contracts. 

the  10th. 

CO 

C Oj 

So 

Disc’t. 

Chg’s. 

S 'bJO 
5 

Disc’t 

Chg’s 

“A”  Mixer,  21-in.  fire  pot 

$ 6.95 

$ .70 

$ 6.25 

i$41  70 

$4.20 

$37.50 

“B”  Mixer,  24-in.  fire  pot 

8.66 

.86 

7.80 

51.96 

5.16 

46.80 

“C”  Mixer,  26-in.  fire  pot 

9.44 

.94 

8.50 

56.64 

5.64 

51.00 

“D”  Mixer,  28-in.  fire  pot 

10.  OC 

1.00 

9.00 

60.00 

6 00 

54.00 

“K”  Mixer,  30-in.  fire  pot 

11.66 

1.16 

10.50 

69.99 

6.99 

63.00 

“F”  Mixer,  35-in.  fire  pot 

13.89 

1.39 

12.50 

83.34 

8.34 

75.00 

332 


LAWS  AND  OKDINANCKS. 


When  Com- 
pany may 
discontinue 
the  use  of  gas 
to  consumers. 


Council  given 
the  power  to 
revise  prices 
in  ten  years. 


Written  ac- 
ceptance to 
be  filed  by 
Company. 


438  Sec.  12.  The  said  Salimonie  Mining  and  Gas 
Company  furnishing  gas  under  the  provisions  of  this  ordi- 
nance shall  have  the  right  to  discontinue  the  further  supply 
of  gas  to  any  consumer  in  case  of  ten  days  default  after 
the  first  day  of  each  month  in  the  payment  for  the  charges 
for  said  gas,  but  when  the  payment  of  such  charges  shall 
have  been  made  gas  shall  again  be  furnished  to  such  con- 
sumer on  his  request. 

439  Sec.  13.  As  a further  consideration  for  the 
granting  to  said  company  of  the  privileges  in  this  ordinance 
contained,  it  is  further  ordained  and  agreed  that  at  any  time 
after  ten  years  from  the  first  day  of  January,  1890,  the  Com- 
mon Council  of  said  city  shall  have  the  right,  by  a two- 
thirds  vote  of  said  Council,  by  ordinance,  to  change,  revise 
and  lower  the  schedule  of  prices  to  be  paid  by  the  consumers 
of  said  gas,  which  said  prices,  when  so  fixed,  shall  not  be 
at  any  lower  sum  than  will  in  the  aggregate  produce  for 
said  company  a gross  income  of  fifteen  (15)  per  cent,  upon 
the  actual  cash  investments  of  said  company  in  wells,  leases, 
franchises,  mains  and  supply  pipes  and  all  appurtenances 
thereto  !)elonging.  but  the  value  of  the  wells,  franchises, 
leases  and  gas  fields  shall  at  no  time  be  computed  at  a higher 
sum  than  $150,000,  and  the  value  of  the  entire  plant  other 
tlian  wells,  franchises,  Aases  and  gas  fields  shall  be  deter- 
mined by  the  actual  cash  outlay  for  constructing  the  same, 
and  it  is  strictlv  understood  that  out  of  the  fifteen  (15') 
per  cent,  gross  income  so  fixed  the  company  shall  pay  all 
salaries,  operating  expenses  and  interest  on  capital  invested. 

440  Sec.  14.  Before  said  Salimonie  Alining  and  Gas 
Company  shall  avail  itself  of  the  provisions  of  this  ordi- 
nance it  shall  file  with  the  City  Clerk  its  written  acceptance 
of  all  provisions,  restrictions,  requirements  and  regulations 
of  this  ordinance,  which  acceptance  shall  be  signed  by  the 
President  and  Secretary  of  said  company,  together  with  a 
certified  copy  of  a resolution  dulv  passed  by  the  Board  of 
Directors  of  said  company  authorizing  the  execution  and 
filing  thereof,  accepting  all  the  conditions,  provisions  and 
stipulations  of  this  o’*dinance,  which  acceptance  shall  be 
made  and  filed  with  the  Common  Council  before  the  2nfl 
day  of  June,  1889. 


SALIMONIE  MINING  AND  GAS  CO. 


333 


441  Sec.  15.  The  said  company  wilfully  violating 
uny  of  the  provisions  of  this  ordinance,  directing  anything 
10  be  done,  or  enjoining  the  doing  of  anything,  shall,  on 
conviction,  be  lined  any  sum  not  exceeding  one  hundred 
dollars  ($100.00)  on  the  complaint  of  any  citizen  filed  before 
the  Mayor. 

442  Sec.  16.  And  should  said  company  discover  at 
my  time  that  it  cannot  furnish  natural  gas  to  consumers 
through  the  lines  of  its  pipes  in  said  city,  it  shall  have  the 
•ight  under  this  ordinance  to  manufacture,  sell  and  deliver 
any  other  kind  of  gas  and  heating  fuel  at  and  for  any  price 
not  in  excess  of  the  prices  set  out  in  the  schedule  herein 
contained,  but  subject  to  all  the  other  provisions  of  this 
ordinance  relating  to  revision,  prices,  sale,  etc.,  and  subject 
to  the  laws  of  the  State  and  the  ordinances  of  the  city  now 
in  force  or  which  shall  hereafter  be  ordained  relating  to 
public  health  or  welfare. 

443  Sec.  17.  This  ordinance  shall  not  be  in  force 
.lor  take  effect  until  said  company  shall  have  filed  the  bond 
as  required  herein  and  conditioned  that  upon  the  failure 
of  said  company  to  furnish  the  citizens  of  said  city  natural 
gas  as  herein  provided  within  one  year  from  the  ist  day 
of  January,  1889,  through  twenty-five  miles  of  city  mains, 
said  company  will  pay  said  city  five  thousand  dollars 
($5,000.00)  as  liquidated  damages  occasioned  by  such  de- 
fault and  failure.  And  until  said  company  shall  have  filed 
with  the  Common  Council  its  acceptance  in  writing  agreeing 
to  and  accepting  all  the  terms,  stipulations,  conditions  and 
requirements  in  said  ordinances  named  and  stated,  which 
said  acceptance  shall  be  filed  with  the  Council  before  the 
2nd  day  of  June,  1889.  And  there  shall  be  and  can  be  no 
transfer  or  conveyance  of  this  ordinance  or  any  right,  privi- 
lege or  provision  herein  granted  until  said  company  shall 
have  filed  its  bond  and  written  acceptance  as  herein 
provided. 

Done  at  the  Council  Chambers. 

CHAS.  F.  MCHLER,  Mayor. 

W.  W.  ROCKHILL,  City  Clerk. 


Violation,  pen- 
alty. 


To  manufac- 
ture and  sell 
artificial  gas. 


When  ordi- 
nance to  go 
into  effect. 


334 


LAWS  AND  OKDINANCES. 


GENERAL  ORDINANCE  NO.  i8. 

AN  ORDINANCE  regulating  the  sale  of  Natural  Gas  by 
meter  in  the  City  of  Port  Wayne,  fixing  the  price  to  he 
charged  and  imposing  a penalty  for  the  violation  of 
the  same. 


Gas,  meter  444  Sec.  I.  Be  it  ordained  by  the  Common  Council 

of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person  or  persons,  firm,  company  or  corporation  to  sell 
natural  ^as  by  meter  within  the  corporate  limits  of  the  City 
of  Fort  Wayne,  Indiana,  at  a greater  price  than  fifteen  cents 
for  each  one  thousand  cubic  feet  of  said  gas : Provided, 

That  all  bills  for  said  gas  shall  be  due  and  payable  on  the 
first  day  of  each  and  every  month,  and  if  not  paid  on  or 
before  the  loth  day  of  the  month  the  vendor  shall  have  the 
right  to  make  an  extra  charge  of  ten  (lo)  per  cent,  upon 
the  amount  due  the  first  of  the  month  from  the  consumer. 


Annual 

charge. 


Setting  meter, 
no  charge. 


Penalty. 


445  Sec.  2.  That  it  shall  be  unlawful  for  any  person 
or  persons,  firm,  com])any  or  corj^oration,  or  persons  falling 
within  the  ])rovisions  of  this  ordinance  to  make  any  greater 
charge  for  the  use  of  meters  than  at  the  rate  of  three  dollars 
($3.00)  per  year. 

446  Sec.  3.  That  it  shall  be  unlawful  for  any  per- 
son or  ])ersons,  firm,  company  or  corporation,  or  persons 
falling  within  the  provisions  of  this  ordinance,  to  make  any 
charge  whatever  for  putting  in  and  connecting  meters  or 
make  any  charge  for  connecting  said  meter  with  the  gas 
pipes  of  houses  of  persons  desiring  the  same. 

447  Sec.  4.  Any  person  or  persons,  firm,  company 
or  corporation,  or  officers,  managers  or  members  of  such 
firm,  company  or  corporation,  who  shall  violate  any  of  the 
provisions  of  this  ordinance,  shall,  upon  conviction,  be  fined 
in  anv  sum  not  exceeding  one  hundred  dollars  ($100.00), 
and  for  each  day’s  continuance  in  violation  thereof  shall 
constitute  a separate  offense. 

448  Sec.  5.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  publication  of  the  same  one  day  each  week  for 
two  successive  weeks  in  a daily  newspaper  of  general  cir- 


FOKT  WAYNE  GAS  CO. 


335 


dilation,,  printed  and  pn1)lished  in  the  city  of  Fort  Wayne, 
Indiana.  [Approved  Octo1)er  9,  1894.] 

Ordinance  Record  i,  page  87. 


GENERAL  ORDINANCE  NO.  155. 

AN  ORDINANCE  authorizing  the  Fort  Wayne  Gas  Com- 
I'any,  suecessors  to  the  Salinionie  Mining  and  Gas 
Company,  to  charge  and  receive  the  same  price  for  gas 
that  it  has  been  charging  and  receiving  under  and  by 
virtue  of  an  ordinance  passed  January  24,  i88g,  entitled 
'‘An  ordinance  to  amend  Sections  4,  8 and  ii  of  an 
ordinance  granting  the  Salinionie  Mining  and  Gas  Gom- 
pany  the  right  and  privilege  to  lay  and  operate  gas  pipes 
in  the  City  of  Fort  Wayne,  for  a period  of  three  years 
from  the  ist  day  of  April,  igoo,  and  other  matters  con- 
nected therewith  J’ 

Whereas,  The  Common  Council  of  the  City  of  Fort 
Wayne  did,  on  the  20th  day  of  November,  1888,  grant  a 
franchise  to  “The  Salimonie  Mining  and  Gas  Company”  to 
lay  and  operate  gas  pipes  in  the  City  of  Fort  Wayne  for  the 
period  of  ten  years,  at  a schedule  of  prices  in  said  franchise 
authorized  and  allowed,  and 

Whereas,  By  the  terms  of  said  franchise  the  Common 
Council  at  the  expiration  of  said  term  is  authorized  to  “mod- 
ify, change  and  revise”  the  schedule  of  prices  charged  con- 
sumers for  gas,  conditioned  that  said  charge  so  fixed  should 
at  no  time  yield  to  said  company,  its  successors  and  assigns, 
a gross  sum  less  than  fifteen  (15)  per  cent,  of  the  con- 
struction capital  of  the  plant,  and 

Whereas,  Said  term  of  years  expired  December  31, 
1899,  and 

Whereas,  By  the  report  of  the  experts,  it  is  clearly 
manifest  that  no  material  reduction  of  the  prices  charged 
can  be  made,  and  continue  within  the  terms  of  the  original 
contract,  if  any  additional  investments  are  made  by  the 
company,  and 

Whereas,  The  said  company  promises  and  agrees  that 


20 


336 


LAWS  AND  ORDINANCES. 


Agreement  to 
Company. 


To  dig  new 
wells,  pump- 
ing station, 
etc. 


Extention  of 
time. 


if  the  old  prices  be  allowed  to  stand  for  the  period  of  three 
years,  it,  the  Fort  Wayne  Gas  Company,  will  make  an  ex- 
penditure of  one  hundred  and  forty  thousand  dollars 
($140,000.00)  the  first  year  and  sixty  thousand  dollars 
($60,000.00)  each  year  thereafter,  in  the  way  of  new  wells, 
new  pipe  lines  in  the  field,  a new  pumping  station  at  Mollie, 
Indiana,  new  high  pressure  lines  in  the  City  of  Fort  Wayne, 
new  distributing  lines  over  the  city,  and  that  it  will  use 
every  effort  possible  and  every  device  and  appliance  known 
to  the  business  in  the  endeavor  to  furnish  the  city  with  a 
sufficient  and  proper  amount  of  gas ; now. 

Therefore,  In  consideration  that  the  said  company  will 
use  every  effort  possible  to  bring  to  the  city  of  Fort  Wayne 
a proper  and  sufficient  amount  of  gas  by  the  investment  of 
large  sums  of  money  in  new  wells,  additional  pipe  lines  in 
the  fields,  additional  high  pressure  lines  in  the  city,  putting 
down  larger  distributing  pipes  to  better  the  service,  building 
a new  pumping  station  at  Mollie,  Indiana,  to  be  used  in  the 
operation  of  the  plant,  and  use  and  employ  every  means  in 
its  power  to  bring  natural  gas  into  the  city  in  sufficient  and 
proper  quantities  during  the  coming  three  years  if  it  can 
be  done  for  that  length  of  time. 

449  Sec.  I.  Be  it  enacted  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  for  the  period  of  three 
years  from  the  ist  day  of  April,  1900,  the  Fort  Wayne  Gas 
Company  is  authorized  to  charge  and  receive  the  prices  now 
charged  and  received  under  and  by  the  terms  of  Section 
II  of  an  ordinance,  entitled  “An  ordinance  to  amend  Sec- 
tions 4,  8 and  ii  of  an  ordinance  granting  the  “Salimonie 
Mining  and  Gas  Company  the  right  and  privilege  to  lay 
and  operate  gas  pipes  in  the  city : Provided,  however. 
That  at  the  expiration  of  said  period  of  three  years  the 
Common  Council  shall  have  the  power  to  exercise  all  the 
rights  and  privileges  conferred  upon  said  Common  Council 
by  Section  13  of  the  original  franchise  granted  the  Sali- 
monie  Mining  and  Gas  Company,  as  to  modifying,  chang- 
ing, lowering  or  revising  the  rates  authorized  and  allowed 
for  natural  gas  by  said  company,  its  successors  and  assigns.” 
And  until  said  Council  does  so  exercise  such  rights  and  priv- 


FORT  WAYNE  GAS  CO. 


337 


ileges  as  therein  provided  the  provisions  of  the  entire 
original  contract  with  the  Salimonie  Mining  and  Gas  Com- 
panv  and  the  amendments  thereto,  shall  be  in  force  and 
binding  upon  the  Fort  Wayne  Gas  Company,  its  successors 
and  assigns. 

450  Sec.  2.  The  said  Fort  Wayne  Gas  Company  Amount  of 

shall  within  the  year  ending  x\pril  ist,  1901,  invest  in  money  to  be 
pumping  stations,  new  wells,  additional  pipe  lines  in  the  vested, 

field,  in  high  pressure  and  distributing  lines  in  different 

parts  of  the  city,  and  in  other  improvements  in  preamble  of 
this  ordinance  set  out,  the  sum  of  one  hundred  and  forty 
thousand  dollars  ($140,000.00)  ; likewise  not  less  than  sixty 
thousand  dollars  ($60,000.00)  for  each  of  the  remaining 
years  of  said  term,  and  as  much  more  as  the  necessity  of  the 
case  may  demand.  That  all  the  money  herein  required  to  be 
expended  by  said  company  must  be  so  applied  that  the  im- 
provement made  thereby  will  inure  exclusively  to  the  benefit 
of  the  supply  and  distribution  of  gas  to  the  City  of  Fort 
Wayne.  That  the  said  com])any  shall  file  with  the  Council 
on  the  first  day  of  April,  1901,  an  itemized  statement  of  the 
improvements  made,  together  with  the  costs. 

451  Sec.  3.  It  shall  be  the  duty  of  the  said  Fort  To  furnish 

Wavne  Gas  Companv  to  furnish  to  each  one  of  its  customers  sufficient 
' rr  ■ 1 ' r • , .1  amount  of 

a suthcient  and  projier  amount  of  gas  m accordance  with  gag_ 

his  contract  with  the  said  company.  Whenever  from  anv 
cause,  aside  from  the  acts  of  the  consumer  himself,  the  said 
company  fails  to  furnish  to  any  consumer  the  said  natural 
gas  in  the  manner  and  quantities  hereinbefore  provided,  then 
said  company  shall  ]iay  a rebate  in  money  to  such  consumer 
having  been  without  a sufficient  supply,  and  not  in  accord- 
ance with  his  said  contract. 

1'he  rebate  to  be  paid  by  said  company  to  said  con- 
sumer shall  bear  the  same  jiroportion  to  the  monthly  charge 
as  the  length  of  time  of  insufficient  supply  during  any  one 
month  is  to  to  the  entire  month.  It  shall  be  the  duty  of 
the  said  Fort  Wayne  Gas  Conqiany,  its  successors  and  as- 
signs, to  furnish  each  of  its  consumers  jirinted  blanks,  upon  Blanks, 
which  said  consumer  may  notify  said  company  of  any  in- 
sufficient supply,  and  the  length  of  time  thereof : Provided, 


338 


LAWS  AND  ORDINANCES 


Company  not 
released  from 
former  duties 


Bond. 


however,  That  said  consumer  claiming  a rebate  shall  be  re- 
quired to  present  his  claim  and  demand  his  rebate  at  the 
end  of  the  month  or  within  ten  days  thereafter,  in  which 
such  insufficient  supply  occurred. 

452  Sec.  4.  It  is  understood  and  so  intended  that 
the  said  Fort  Wayne  Gas  Company,  its  successors  and 
assigns,  by  the  acceptance  of  this  ordinance,  is  not  released 
from  any  duties,  obligations,  limitations,  restrictions  or  for- 
feitures that  are  provided  for  in  the  original  franchise,  and 
the  amendments  thereto,  but  all  additional  duties  herein  im- 
posed are  supplemental  to  those  provided  for  in  the  original 
act  and  the  amendments  thereto. 

453  Sec.  5.  The  Fort  Wayne  Gas  Company,  upon 
the  written  acceptance  of  this  ordinance,  shall  execute  to 
the  City  of  Fort  Wayne  a bond  in  the  penal  sum  of  fifty 
thousand  dollars  ($50,000.00),  to  be  approved  by  the  Mayor, 
conditioned  that  said  company  will,  within  the  next  year, 
commencing  April  ist,  1900,  invest  one  hundred  and  forty 
thousand  dollars  ($140,000.00)  in  a pumping  station,  addi- 
tional lines  in  the  gas  fields,  in  high  pressure  and  distributing 
lines  in  different  parts  of  the  city,  in  new  wells  and  other 
improvements  of  the  plant  that  will  facilitate  bringing  to 
Fort  Wayne  a sufficient  and  proper  amount  of  natural  gas. 
Also  that  said  company  will  likewise  invest  at  least  sixty 
thousand  dollars  ($60,000)  a year  for  the  second  two  years. 
It  is  understood  and  intended  that  the  said  Fort  Wayne  Gas 
company,  by  the’  acceptance  of  this  ordinance,  agrees  that 
the  amount  of  said  bond,  in  case  of  a failure  on  the  part 
of  said  company  to  invest  the  said  amount  of  money  as  in 
this  ordinance  provided,  shall  be  paid  by  said  company  as 
liquidated  damages. 

454  Sec.  6.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage  and  upon  the  written  ac- 
ceptance of  the  same  and  filing  of  bond  by  the  Fort  Wayne 
Gas  Company.  [Approved  ^Farcli  28,  1900.] 

Ordinance  Record  i,  page  384. 


FORT  WAYNE  DISTRICT  TELEGRAPH  CO. 


339 


GENERAL  ORDINANCE  NO.  19. 

AN'  ORDINANCE  ratifying,  conUnning  and  apProz'ing  a 
certain  contract  and  agreement  made  on  the  ptJi  day  of 
October,  18^4,  zvith  the  Fort  Wayne  District  Telegraph 
Company,  of  the  City  of  Fort  Wayne,  Indiana. 

455  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  a certain  contract  made  and 
entered  into  by  the  Board  of  Public  Works  with  the  Eort 
Wayne  District  Telegraph  Company,  granting  said  company 
the  right  to  establish  and  maintain  a telephone  system  within 
said  city,  be  approved  and  the  same  is  hereby  ratified  and 
confirmed. 

455-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor. 

Contract. 

This  agreement  made  and  entered  into  this  9th  day  of 
October,  1894,  by  and  between  the  Eort  Wayne  District 
Telegraph  Company,  of  the  County  of  Allen  and  State  of 
Indiana,  party  of  the  first  part,  and  the  City  of  Eort 
Wayne,  Allen  county  and  State  of  Indiana,  by  and  through 
its  Board  of  Public  Works,  party  of  the  second  part,  under 
and  by  virtue  of  an  act  of  the  General  Assembly  of  the 
State  of  Indiana,  entitled  ‘'An  act  concerning  the  incorpora- 
tion and  government  of  cities  having  more  than  thirty-five 
thousand  (35,000)  and  less  than  forty-nine  thousand 
(49,000)  population,  according  to  the  last  preceding  United 
States  census,  and  matters  connected  therewith  and  de- 
claring an  emergency,”  approved  March  3,  1893. 

Witnesseth,  That  the  first  party,  its  successors  and  as- 
signs, is  hereby  authorized  and  granted  the  right  to  erect 
and  maintain  upon  the  public  streets  and  alleys  of  said  city 
such  poles  and  wires  as  may  be  necessary  for  the  establish- 
ing and  maintaining  of  a telephone  system  in  said  city,  and 
that  said  company  shall  be  governed  and  subject  in  placing 
said  poles  and  wires,  and  in  the  operation  of  said  telephone 
system,  in  all  respects,  by  the  provisions  of  an  ordinance 
passed  by  tlie  Common  Council  of  said  city  on  the  27th  dav 


Ordinance  rat- 
ifying con- 
tract of 
Fort  Wayne 
District  Tele- 
graph 
Company. 


Contract,  Fort 
Wayne  Dis- 
trict 

Telegraph 

Company. 


Poles  and 
wires  main- 
tained. 


340 


LAWS  AND  ORDINANCES. 


The  purposes 
of  the 
Company. 


Free 

telephones. 


of  January,  1891,  authorizing  and  granting  said  company 
the  right  to  establish  and  maintain  a district  telegraph  ser- 
Auce  in  said  city,  and  the  provisions  of  said  ordinance  are 
hereby  guaranteed  and  renewed  to  said  company,  its  suc^ 
cessors  and  assigns,  provided  that  if  any  of  the  provisions 
of  said  ordinance  shall  conflict  with  any  of  the  provisions 
of  this  contract,  then  it  is  understood  and  agreed  that  the 
provisions  of  this  contract  so  conflicting  shall  control  as  to 
said  telephone  system,  and  it  is  understood  and  agreed  by 
the  parties  hereto  that  in  consideration  of  the  rights  and 
privileges  herein  granted  by  the  second  party  to  the  first 
party,  that  the  first  party  shall  furnish  and  maintain,  free 
of  cost  twenty  tele])hones  for  the  use  of  the  second  jiarty, 
and  that  such  ’phones  shall  be  put  in  such  places  as  shall  be 
designated  by  the  Board  of  Public  Works  as  is  directed  by 
them. 


Rate  author- 
ized to  be 
charged  by 
Company. 


Rate  to  city 
officials. 


And  it  is  agreed  that  the  first  party  shall  not  b.ave  the 
right  to  charge  any  of  the  citizens  living  within  tlie  cor- 
porate limits  of  said  city  a greater  rate  than  eighteen  dollars 
($18.00)  ])er  year  for  resident  telephones  and  thirty-six 
dollars  ($36.00)  for  business  telephones,  ddiat  said  com- 
pany shall  be  required  to  furnish  any  and  all  persons  whose 
residence  or  place  of  business  is  within  a radius  of  one  mile 
from  the  exchange  office  of  said  company  with  a telephone 
at  the  aforesaid  rate  per  year,  and  in  case  any  ]:>erson  or 
persons  shall  recpiest  and  contract  for  five  or  more  tele- 
phones for  a period  of  two  years  from  date  of  said  contract, 
to  be  placed  in  residences  or  ])laces  of  business  along  any 
line  of  telephones  whose  residences  or  places  of  business 
shall  be  beyond  said  one  mile  limit,  then  said  com])any 
shall  ]nit  in,  maintain  and  furnish  such  persons  with  tele- 
phones at  the  same  rate  ])er  year  charged  persons  residing 
within  such  one  mile  limit,  and  shall  not  have  the  right  to 
make  any  additional  charges  for  the  extending  of  said  line. 

It  is  understood  and  agreed  that  said  com])any  shall 
furnish  for  city  officials  in  addition  to  said  twenty  telephones, 
when  ordered  by  the  Board  of  Public  Works,  telephones 
at  the  rate  of  eighteen  dollars  ($18.00)  per  year  for  offices 
and  nine  dollars  ($9.00)  for  residences. 


FORT  WAYNE  DISTRICT  TELEGRAPH  CO. 


341 


It  is  understood  and  agreed  that  in  case  the  first  party 
shall  sell  or  transfer  all  or  any  of  its  rights  herein  granted, 
that  its  successors  and  assigns  shall  be  subject  to  and  gov- 
erned in  all  res])ects  by  the  provisions  in  this  contract,  and 
the  ordinance  herein  referred,  and  shall  not  have  the  right  to 
maintain  and  operate  said  telephone  system  or  any  telephone 
system  under  any  former  franchise  granted  to  the  assignees 
of  the  first  party. 

It  is  understood  and  agreed  that  the  first  party,  in  con- 
sideration of  the  rights  and  privileges  herein  granted  shall 
not  have  the  right  to  enter  into  any  agreement,  contract  or 
other  .combination  of  any  kind  whatsoever  with  any  other 
person,  firm,  comjiany  or  corporation  engaged  in  the  business 
of  operating  and  maintaining  a tele])hone  system  in  said  city 
with  the  view  of  regulating  the  price  to  be  paid  by  the  citi- 
zens of  said  city  for  telejdiones,  and  in  case  the  first  party, 
its  successors  or  assigns,  shall  violate  this  provision  and 
shall  enter  into  such  a combination  or  agreement  or  under- 
standing of  any  kind,  then  all  the  rights  and  privileges 
granted  unto  the  first  party  under  this  contract  and  the 
ordinance  herein  referred  to  shall  revert  to  and  become  the 
property  of  the  City  of  Fort  Wayne. 

It  is  understood  and  agreed  that  the  first  party  shall, 
within  ten  days  from  the  passage  of  the  ordinances  ratifying 
this  contract,  execute  unto  said  city,  and  thereafter  keep  a 
good  and  sufficient  bond  in  the  penal  sum  of  ten  thousand 
dollars  ($10,000.00)  with  surety,  to  be  approved  by  the 
iNIayor  and  filed  with  the  Department  of  Finance,  condi- 
tioned that  said  company,  its  successors  and  assigns,  will 
indemnify  and  save  harmless  said  city  from  all  costs,  ex- 
penses and  damages  suffered  or  incurred  by  it,  and  from  all 
judgments  and  decrees  rendered  against  it  by  reason  of,  or 
growing  out  of,  or  resulting  from  any  matter  or  thing  con- 
nected, or  growing  out  of  this  contract. 

It  is  understood  and  agreed  that  the  first  party  shall 
immediately  upon  the  passage  of  the  ordinance  ratifying 
this  contract,  begin  the  construction  of  said  telephone  system, 
and  completed  in  said  city  in  working  order  within  six 
months  from  the  date  of  the  passage  of  said  ratifying 
ordinance. 


Gules  govern- 
ing in  case  of 
sale  of 
franchise. 


Combinations 

prohibited. 


Bond. 


Work  to  begin, 
when. 


342 


LAWS  AND  ORDINANCES. 


To  each  of  the  conditions  and  stipulations  of  this  con- 
tract the  undersigned  bind  themselves,  its  successors  and 
assigns. 

In  testimony  whereof,  we,  the  foregoing  named  parties, 
hereunto  set  our  hands,  this  9th  day  of  October,  1894. 

For  the  City  of  Fort  Wayne : 

This  contract  approved  by  us  on  the  9th  day  of  October, 
1894. 

THOMAS  D.  DeVILBISS, 
WILLIS  HATTERSLEY, 

Board  of  Public  Works. 
Party  of  the  Second  Part. 

Fort  Wayne  District  Telegraph  Company, 

By  R.  T.  M’DONxLLD,  President, 

Contractor. 

Party  of  the  First  Part. 

[x\pproved  October  16,  1894.] 

Ordinance  Record  i,  page  89. 


Home  Tele- 
phone and 
Telegraph 
Company. 

Contract  ap- 
proved by 
Council. 


CxENERAL  ORDINAXXE  NO.  48. 

AN  ORDINANCE  ratifying  a contract  entered  into  by  the 
City  of  Fort  Wayne  on  the  14th  day  of  January,  i8p6, 
with  the  Home  Telephone  and  Telegraph  Company,  said 
contract  granting  privileges  to  ereet  and  maintain  tele- 
phone and  telegraph  systems  within  said  eity. 

456  Sec.  I.  Be  it  ordained  by  the  Common  Coiineil 
of  the  City  of  Fort  Wayne,  Indiana,  That  a certain  contract 
made  and  entered  into  by  the  City  of  Fort  Wayne,  through 
its  Board  of  Public  Works,  on  the  14th  day  of  January, 
1896,  with  the  Home  Telephone  and  Telegraph  Company, 
for  the  erection  and  maintaining  of  telephone  and  telegraph 
systems  within  said  city,  be  confirmed  and  ratified. 

457  Sec,  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor. 

January  29,  1896. 


I” 


HOME  TELEPHONE  AND  TELEGKAPH  CO. 


343 


Contract  of  the  Home  Telephone  and  Telegraph 
Com  Py\NY. 

Tills  agreement  made  and  entered  into  this  14th  day 
of  January,  1896,  by  and  between  the  City  of  Fort  Wayne, 
Allen  County,  and  State  of  Indiana,  by  and  tbrougb  its 
Board  of  Public  Works  and  the  Home  Telephone  and  Tele- 
graph Comiiany  of  said  city,  a corporation  duly  organized 
under  the  laws  of  the  State  of  Indiana. 

458  Witnessetb : That  said  City  of  Fort  Wayne,  here- 
inafter referred  to  as  said  city,  hereby  grants  to  said  Home 
Telejihone  and  Telegraph  Comjiany,  its  successors  and 
assigns,  hereinafter  referred  to  as  said  company,  the  right, 
privilege,  power  and  franchise  of  erecting  and  maintaining 
u])on  and  under  the  public  streets  and  alleys  of  said  city  all 
]ioles,  wires,  conduits  aiul  fixtures  necessary  and  proper  for 
the  establishment,  maintaining  and  o]ierating  of  telephone 
and  telegra])h  systems  within  said  city,  said  grant  being, 
however,  subjected,  restricted  and  controlled  by  the  follow- 
ing stipulations  and  conditions,  to-wit : 

459  1^'irst — Said  company  agrees  to  erect  and  main- 

tain no  ])oles  or  wires  above  ground  within  the  following 
described  territory  in  said  city,  to-wit,  except  as  hereinafter 
provided : Commencing  at  a point  where  the  west  line  of 

Harrison  street  intersects  the  south  line  of  the  right-of-way 
of  the  New  York,  Chicago  & St.  Louis  Railway  Conuiany ; 
thence  east  along  said  south  line  of  said  right-of-way  to  a 
])oint  where  the  south  line  of  said  right-of-way  intersects 
the  cast  line  of  Barr  street ; thence  south  along  the  east  line 
of  Barr  street  if  produced  south  to  a point  where  the  same 
intersects  with  the  north  line  of  the  right-of-way  of  the 
Pittsburg,  Imrt  Wayne  N Chicago  Railway  Conpiany ; thence 
west  along  said  north  line  of  the  Pittsburg,  Fort  Wavne  & 
Chicago  Railway  Company’s  right-of-way  to  a jioint  where 
the  same  intersects  the  west  line  of  Harrison  street ; thence 
north  along  the  west  line  of  Ilarrison  street  to  the  place  of 
beginning. 

460  Said  company  being  re([uired  to  lay  all  of  its 
lines  within  said  territory  underground  in  such  conduits 
as  hereinafter  stipulated  for:  Provided,  however.  That  said 


Rights  and 
privileges 
granted. 


Poles  and  con- 
duits. 


Wires  under 
ground. 

Extent  of  ter- 
ritory. 


Distributing 

allowed. 


344 


LAWS  AND  ORDINANCES. 


Poles,  where 
located. 
Consent  of 
Board  of 
Public  Works 


Consent  of 
Board  of 
Public  Works 
required  be- 
fore going 
under  paved 
streets. 


Board  of 
Public  Works 
to  designate 
location  of 
poles. 

To  designate 
location 
of  conduits. 


company  shall  have  the  right  to  erect  and  maintain  only  such 
poles  and  wires  as  shall  be  absolutely  necessary  to  connect 
the  telephones  of  its  patrons  within  said  territory  with  its 
lines  of  wire  required  herein  to  be  placed  underground. 

Also,  it  is  provided  further  that  if  it  becomes  necessary 
in  establishing  and  maintaining  said  systems  of  telephone 
and  telegraph  within  said  territory  where  the  wires  are  re- 
quired to  be  placed  underground,  that  there  should  be  addi- 
tional poles  and  wires  erected  and  maintained  above  the 
ground,  then  said  company  shall  first  obtain  consent  of  the 
Board  of  Public  Works  to  erect  such  additional  poles  and 
run  such  additional  wires  above  ground  within  said  terri- 
tory. Said  consent  of  Board  of  Public  Works  to  be  approved 
by  the  Common  Council. 

461  Second — It  is  understood  and  agreed  by  the 

parties  hereto  that  no  privilege  or  right  whatsoever  is  herein 
granted  to  said  company  to  erect  and  maintain  any  poles 
or  wires  in,  upon  and  along,  or  any  conduits  or  wires  under 
any  of  the  paved  streets  of  said  city  without  having  first 
obtained  the  written  consent  of  the  Board  of  Public  Works 
of  said  city : Provided,  however,  That  said  company  shall 

have  the  right  to  construct  necessary  conduits  under  and 
erect  and  maintain  poles  and  wires  across  any  of  said  paved 
streets. 

462  It  is  further  understood  and  agreed  by  the  parties 
hereto,  that  the  Board  of  Public  Works  of  said  city  shall 
at  any  and  all  times  have  the  right  and  power  to  designate 
the  location  and  position  of  any  and  all  poles  erected  and 
maintained  under  this  contract,  and  shall  have  the  further 
power  ancl  right  to  determine  the  position  and  location  of 
any  and*  all  conduits  laid  in,  under  and  along  all  streets 
and  alleys  of  said  city,  and  shall  also  have  the  right  to 
control  the  manner  and  mode  of  constructing,  putting  in 
and  erecting  said  telephone  and  telegraph  systems  when 
the  same  mav  be  necessary  for  the  convenience,  comfort 
and  welfare  of  anv  of  the  citizens  of  said  citv. 

463  Tbi  rd — Said  com]:)any  further  agrees  to  replace 
all  pavements  torn  iq)  or  disturbed  by  reason  of  putting  in 
and  maintaining  said  telephone  and  telegraph  systems,  and 


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345 


if  necessary  put  in  new  i^avenicnts  and  new  material  at  its 
own  expense  so  as  to  leave  the  street  or  alley  (listurl)e(l  in 
as  good  condition  as  it  was  before  said  company  erected 
its  lines  over  and  constructed  its  conduits  under  said  street 
or  alley.  Also,  said  company  is  further  required  to  repair 
any  and  all  damages  done  or  caused  any  streets,  alleys, 
curb  stones,  sidewalks  or  other  property,  whether  such  street 
or  alley  is  paved  or  not,  and  place  all  such  property,  at  its 
own  expense,  in  as  good  condition  as  it  was  before  said 
companv  damaged  or  disturbed  the  same. 

464  Fourth — When  said  company  carries  more  than 
one  hundred  wires  on  any  line  of  poles  along  any  street  or 
alley,  then  the  said  company  agrees  to  place  said  wires  in 
cables. 

Fifth — Said  company  is  hereby  granted  the  privi- 
lege to  use  any  and  all  kinds  of  material,  appliances  and 
fixtures  in  the  construction  and  operation  of  its  telephone 
and  telegraph  systems,  within  said  city : Provided,  That 

said  material,  fixtures  and  appliances  be  of  the  most  ap- 
])roved  kind  used  or  hereafter  used  that  can  be  obtained  in 
open  market,  for  conveying  messages  from  place  to  place 
by  tele])hone  or  telegra])h : Provided,  further.  That  said 

company  will  at  all  times  put  in  use  and  furnish  to  its 
patrons  such  tele])hones  and  other  conveniences  tliat  can 
be  obtained  in  open  market  as  will  give  the  best  satisfaction 
to  those  using  the  same. 

465  Sixth — Said  companv  agrees  that  wherever  it  is 
using  and  maintaining  overhead  wires,  then  the  wires  of 
lower  cross  arm  su])])orting  the  same  shall  not  l)e  less  than 
twenty-four  feet  al)ove  the  surface  of  the  ground.  Also, 
all  poles  shall  be  trimmed,  painted  and  ]:>laced  inside  the 
curb,  and  in  sucb  manner  as  the  Hoard  of  Public  Works 
mav  from  time  to  time  direct. 

466  Seventli — Said  conqxany,  in  consideration  of  the 
privileges  and  rights  herein  granted,  agrees  to  \mt  in  and 
lay  at  its  own  expense  for  said  city  one  duct  capable  of 
containing  200  wires  ui  all  of  its  conduits  within  ilic  terri- 
tory where  all  wires  are  to  be  ])laced  underground,  as  de- 
scribed in  Section  r of  this  contract.  Said  companv  to  pay 
for  said  tubing  and  bear  tbe  entire  expense  thereof. 


Streets  or 
alleys  dis- 
turbed, to  be 
replaced  by 
Company. 


Cables,  when 
required. 


Material  used 
approved, 
kind. 


Heighth  of 
wires. 


Poles  painted. 


City’s  duct  to 
be  built  by 
Company. 


346 


LAWS  AND  ORDINANCES. 


Conduits  out- 
side certain 
limits,  to  be 
built  for  city, 


City  to  pay 
for  conduits, 
when. 


Monthly  and 
annual  rates, 
how  much. 


One  mile  limit, 
charges  for. 


Said  company  agrees  that  whenever  it  puts  in  or  con- 
structs any  conduits  without  said  territory,  as  described 
in  Section  i of  this  contract,  where  all  wires  are  to  be 
placed  underground  and  said  construction  is  not  done  to 
conform  to  the  requirements  of  any  ordinance,  order  or 
resolution  of  the  Common  Council  of  said  city,  then  said 
company  agrees  to  put  in  and  lay  at  its  own  expense  for 
said  city  one  duct  capable  of  containing  two  hundred  wires 
in  all  of  its  conduits  without  said  territory,  where  all  are 
by  this  contract  required,  to  be  placed  underground. 

Said  company  further  agrees  that  whenever  the  Com- 
mon Council  of  said  city  orders,  by  ordinance  or  otherwise, 
any  wires  underground  without  the  territory  where  all  wires 
are  required  to  be  placed  underground,  said  territory  being 
described  in  Section  i of  this  contract,  then  said  company 
agrees  to  put  in  and  lay  for  said  city  one  duct  capable  of 
containing  two  hundred  wires  in  all  of  its  conduits  con- 
structed and  ])ut  in  in  conformity  with  the  requirements 
of  said  order  or  resolution  of  the  Common  Council,  said 
city  to  pay  its  proportion  of  the  actual  cost  of  constructing 
and  putting  in  of  said  conduit ; said  proportion  to  be  de- 
termined by  the  relative  number  of  tubes. 

467  Eighth  — It  is  further  understood  and  agreed 
by  the  parties  hereto,  that  said  company  shall  not  have  the 
right  to  charge  any  of  the  citizens  within  the  corporate 
limits  of  the  city  a greater  rate  than  twenty-four  dollars 
($24.00)  per  year  for  residence  telephones  and  thirty-six 
dollars  ($36.00)  per  year  for  business  telephones,  and 
whenever  any  one  person  sliall  desire  two  telephones,  one 
at  his  residence  and  the  other  at  his  place  of  business  then 
said  company  agrees  to  not  charge  such  person  for  said 
two  tele])hones  a greater  rate  than  forty-eight  dollars 
($48.00)  per  year. 

It  is  further  agreed  that  said  company  shall  furnish 
any  and  all  persons,  whose  residences  or  places  of  business 
are  within  a radius  of  one  mile  from  the  exchange  office  of 
said  company,  with  a telephone  or  telephones  at  the  afore- 
said rates  ])er  year,  and  in  case  any  person  or  persons  shall 
request  and  contract  for  five  or  more  telephones  for  a period 


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347 


of  two  years  to  be  placed  in  residences  or  places  of  business 
along  any  one  line  of  telephone  poles,  whose  residences  or 
places  of  business  shall  be  beyond  said  one  mile  limit,  then 
said  company  shall  put  in  and  furnish  said  persons  with 
telephones  at  the  same  rate  per  year  charged  persons  re- 
siding within  such  one  mile  limit  and  shall  not  make  any 
additional  charge  for  extending  said  line. 

Said  company,  in  consideration  of  the  privileges  and 
rights  herein  granted,  agrees  to  furnish  for  said  city  free 
of  cost  one  telephone  for  each  of  the  following  places, 
to-wit:  One  in  each  of  the  engine  houses  now  or  here- 

after constructed,  one  at  each  of  the  water  works  pumping 
stations  now  or  hereafter  constructed,  one  at  the  water 
works  reservoir  station,  one  in  the  office  of  the  Water  Works 
Trustees,  on  in  the  office  of  the  Board  of  Public  Works, 
one  in  the  police  station,  one  in  the  Mayor’s  office,  one 
in  the  residence  of  the  Superintendent  of  Police,  one  in 
the  residence  of  the  Chief  of  the  Fire  Department,  and 
three  others  to  be  placed  in  the  city  buildings  under  the 
direction  of  the  Board  of  .Public  Works. 

468  It  is  further  understood  and  agreed  that  in  con- 
sideration of  the  privileges  and  rights  herein  granted,  that 
said  company  shall  furnish  all  city  officials,  in  addition  to 
said  free  telephones  when  ordered  by  the  Board  of  Public 
Works,  telephones  for  one-half  the  rate  charged  other 
citizens. 

469  Xinth — Said  company  further  agrees  to  perfectlv 
insulate  any  and  all  spans  of  wire  running  between  two 
poles  where  said  wires  cross  under  or  over  any  trolley  wire 
or  any  other  highly  charged  wire  and  so  arrange  its  wires 
that  there  can  be  no  danger  resulting  to  any  person  coming 
in  contact  with  said  company’s  wires,  if  the  same  should 
happen  to  come  in  contact  with  such  trolley  or  other  highly 
charged  wires. 

Tenth — Said  company  further  agrees,  in  consideration 
of  the  rights  and  ])rivileges  herein  granted,  to  permit  said 
city,  free  of  cost,  to  use  for  its  police  patrol  system  and 
any  other  purposes,  the  upper  cross  arm  on  anv  and  all 
poles  erected  and  maintained  by  it  within  said  citv : Pro- 


Fire  tele- 
phones, how 
many,  where 
placed. 


Price  to  city 
officials. 


Wires 

insulated. 


City  to  use 
cross  arms 
on  poles. 


348 


LAWS  AND  ORDINANCES. 


Company  to 
pay  per- 
centage of 
earnings. 


Examination 
of  books. 


Money 

deposited. 


vided,  that  the  wires  placed  on  said  upper  cross  arms  shall 
be  erected  under  the  supervision  of  said  company. 

470  Eleventh — In  consideration  of  the  privileges 

herein  granted  from  and  after  the  first  day  of  January, 
1910,  said  company  agrees  to  pay  to  the  city  of  Fort  Wayne 
two  (2)  per  cent,  per  annum  of  its  entire  gross  receipts 
received  by  it  from  any  and  all  sources;  said  per  cent,  of 
the  gross  receipts  to  be  paid  said  city  on  or  before  the  30th 
day  of  January  of  each  and  every  year  during  the  life  of 
this  contract:  Provided,  That  said  company  shall  not  at 

any  time  be  subject  to  any  other  special  tax  and  license 
fee  which  are  not  enforceable  against  all  persons  or  corpora- 
tions doing  a like  business  and  making  a like  use  of  the 
streets  and  alleys  of  said  city.  The  said  company  further 
agrees  to  keep  books  which  will  at  all  times  show  the 
exact  amount  of  money  taken  in  or  received  by  it  from 
any  and  all  sources,  and  further  permit  the  Mayor  or  any 
officer  or  person  appointed  by  him  to  examine  all  books, 
accounts  and  papers  for  the  purpose  of  determining  the 
amount  of  the  entire  gross  receipts  received  by  it. 

471  Twelfth — Said  company  agrees,  if  not  prevented 
by  injunction  suits  or  by  operation  of  law,  to  have  five 
hundred  telephones  in  operation  and  use  within  seven 
months  after  the  passage  of  the  ordinance  by  the  Council 
ratifying  this  contract,  and  as  a guaranty  and  warranty  it 
will  have  said  five  hundred  telephones  in  use  within  said 
seven  months,  agrees  to  deposit  within  five  days  after  the 
passag'e  of  the  ordinance  ratifying  this  contract  in  the 
treasury  of  the  City  of  Fort  Wayne  two  thousand  dollars 
($2,000.00),  it  being  expressly  understood  and  agreed  that 
if  said  company  fails  to  have  said  five  hundred  telephones 
in  use  and  in  operation  within  said  seven  months,  then  said 
citv  shall  retain  said  two  thousand  dollars  ($2,000.00)  and 
all  rights  and  privileges  herein  granted  shall  cease  and 
be  null  and  void,  and  said  city  shall  be  under  no  obliga- 
tion whatever  to  return  said  two  thousand  dollars 
(v$2,ooo.oo)  to  said  company. 

472  Said  com]iany  agrees  to  comply  with  all  stipula- 
tions, conditions  and  requirements  of  this  contract,  and 


HOME  TELEPHONE  AND  TELEGRAPH  CO.  349 

that  it  will  forever  indemnify  and  save  harmless  the  City 
of  Fort  Wayne  from  any  and  all  costs,  expenses  or  damages 
suffered  or  incurred  by  said  city  from  all  judgments  and 
decrees  rendered  against  said  city  by  reason  of,  or  growing 
out  of,  or  resulting  from  the  failure  of  said  company  to 
conform  in  all  things  to  be  done  by  it  under  this  contract, 
or  in  any  matter  or  thing  connected  therewith,  or  by  the 
exercise  of  said  company,  its  successors  or  assigns,  of  the 
privileges  herein  granted,  or  from  any  acts  of  said  company, 
its  servants  or  agents.  And  further,  to  protect  and  save 
harmless  said  city  and  each  and  all  of  its  patrons  or  users 
of  its  telephones  from  any  and  all  damages,  loss  and  ex- 
pense resulting  or  caused  by  the  infringement  of  any  patent 
or  patents  on  any  of  the  material,  appliances,  fixtures,  sys- 
tem, telephones  or  parts  thereof,  or  anything  connected 
therewith,  used  by  said  company,  in  furnishing  the  tele- 
phone or  telegraph  service  herein  provided  for,  and  by 
reason  of  any  suit  or  suits  brought  for  such  infringement, 
which  suit  or  suits  the  said  company,  its  successors  and 
assigns,  hereby  agree  to  defend  and  take  charge  of,  at  its 
own  expense,  provided  the  company  is  given  notice  and 
opportunity  to  defend  any  such  suit  or  action,  to  that  end, 
said  company,  upon  accepting  this  contract,  agrees  to  ex- 
ecute to  said,  city  and  thereafter  keep  a good  and  sufficient 
bond  in  the  penal  sum  of  ten  thonsand  dollars  ($10,000.00) 
surety,  to  be  approved  by  the  Mayor  and  Common  Council 
and  filed  with  the  Department  of  Finance,  conditioned  that 
said  company  will  so  protect  and  save  harmless  said  city 
and  comply  with  all  the  conditions  and  provisions  of  this 
contract. 

473  Thirteenth — All  rights,  privileges  and  permis- 
sions granted  to  or  vested  in  said  company,  their  associates, 
successors  or  assigns,  by  virtue  of  this  contract,  shall  cease 
and  revert  to  and  become  the  property  of  the  City  of  Fort 
Wayne  in  fifty  years  from  the  date  of  the  passage  of  the 
ordinance  ratifying  this  contract. 

In  testimony  whereof,  we,  the  foregoing  named,  parties 
hereunto,  set  out  hands  this  14th  day  of  January,  1896. 

For  the  City  of  Fort  Wayne. 


Bond. 


Renewal  of 
bond,  when. 


Time  of 
franchise. 


30 


Agreement  by 
and  between 
city  and  New 
York,  Chi- 
cago & St. 
Louis 
Railroad. 


350  LAWS  AND  ORDINANCES. 

This  contract  entered  into  this  14th  day  of  January, 
1896. 

Ordinance  Record  i,  page  139. 


GENERAL  ORDINANCE  NO.  154. 

AN  ORDINANCE  confirming  and  approving  a certain 
agreement  and  contract,  made  and  entered  into  by  and 
hetzveen  the  City  of  Fort  Wayne,  through  its  Board  of 
Public  Works,  and  the  Nezv  York,  Chicago  & St.  Louis 
Railroad  Company. 

Whereas,  The  Board  of  Public  Works  of  the  City  of 
Eort  Wayne,  State  of  Indiana,  for  and  on  behalf  of  the 
City  of  Fort  Wayne,  has  entered  into  an  agreement  and 
contract  with  the  New  York,  Chicago  & St.  Louis  Railroad 
Company,  a copy  of  which  contract  and  agreement  is  as 
follows : 

Agreement. 

474  This  agreement,  made  this  13th  day  of  March, 
1900,  by  and  between  the  Board  of  Public  Works  of  the 
City  of  Fort  Wayne,  Indiana,  acting  for  and  on  behalf  of 
the  said  City  of  Fort  Wayne,  party  of  the  first  part,  and 
the  New  York,  Chicago  & St.  Louis  Railroad  company,  party 
of  the  second  part,  witnesseth  that : 

Whereas,  Said  party  of  the  first  part  contemplates  and 
is  about  to  enter  upon  the  construction  of  an  intercepting 
sewer  according  to  the  plans  and  specifications  therefor, 
now  on  file  in  the  office  of  the  City  Civil  Engineer  of  said 
city,  and. 

Whereas,  It  is  proposed  and  contemplated  to  use  and 
occupy  a portion  of  the  lands,  premises  and  right  of  way 
of  said  party  of  the  second  part  for  the  construction,  use, 
occupancy  and  maintenance  of  said  sewer,  and. 

Whereas,  Said  party  of  the  first  part  is  desirous  of  ob- 
taining the  right  to  so  enter  upon,  use  and  occupy  said 
portion  of  said  premises,  lands  and  right  of  way  of  said 
railroad  company,  as  aforesaid,  without  being  compelled 
to  resort  to  legal  process  to  condemn  said  premises  in  order 
to  procure  said  right  and  privilege ; now. 


NEW  YORK,  CHICAGO  & ST.  LOUIS  R.  K. 


351 


475  Therefore,  It  is  hereby  covenanted  and  agreed  by 
and  between  the  parties  hereto  that  the  said  New  York,  Chi- 
cago & St.  Louis  Railroad  Company,  party  of  the  second 
part,  shall  and  does  hereby  grant  and  convey  nnto  the  said 
City  of  Fort  Wayne  the  right,  permission  and  privilege 
to  enter  upon,  use  and  occupy  such  part  and  portion  of  the 
said  party  of  the  second  part,  necessary  and  proper  for 
the  construction  and  maintenance  of  said  sewer  according 
in  all  respects  to  said  plans  and  specifications  and  not  other- 
wise, but  the  land  to  be  used  shall  in  no  event  exceed  five 
feet  upon  each  side  of  the  center  line  of  said  sewer,  as  de- 
termined in  exhibit  ‘"A,”  attached  to  this  contract,  reference 
to  which  said  plans  and  specifications  is  hereby  made  for 
greater  particularity ; and  to  construct  thereupon  said  sewer 
as  aforesaid,  and  hereafter  use  and  maintain  the  same; 
now, 

476  Thereafter,  In  consideration  of  the  granting  of 
the  aforesaid  rights  and  privileges  as  aforesaid,  and  the  grant 
by  the  New  York,  Chicago  & St.  Louis  Railroad  Company 
to  the  City  of  Fort  Wayne  of  the  right  and  privilege  to 
enter ‘Upon  and  forever  use  and  occupy  a portion  of  the 
premises,  property  and  right  of  way  of  said  railroad  com- 
pany for  the  construction  and  maintenance  of  an  intercepting 
sewer  as  now  contemplated  by  said  city. 

It  is  further  agreed  by  and  between  the  parties  that, 

477  First — The  said  sewer  shall  be  constructed  over, 
under  and  upon  the  lands  and  premises  of  said  railroad  com- 
pany, in  all  respects  according  to  the  plans  and  specifications 
therefor  now  on  file  in  the  office  of  the  Civil  Engineer  of 
said  city,  and  shall  be  located  upon  and  occupy  such  part 
of  the  premises  and  right  of  way  of  said  company  as  is 
specified  in  the  said  plans  and  specifications  and  not  other- 
wise. 

478  Second — That  in  and  about  the  construction  of 
said  sewer  not  more  than  one  hundred  feet  in  length  thereof 
shall  be  kept  open  at  any  one  time,  and  such  opening  shall 
be  thoroughly  protected  at  all  times  in  such  manner  as  shall 
be  directed  by  the  Civil  Engineer  of  said  railroad  company. 

478-A  Third — That  said  city  shall  pay  all  cost  of 


Grant,  per- 
mission and 
privileges,  by 
New  York, 
Chicago  and 
St.  Louis 
Railroad. 


To  enter  on 
right  of  way 
of  railroad. 


Sewer,  how 
constructed. 


How  much 
sewer  opened 
at  one  time. 


352 


LAWS  AND  ORDINANCES. 


Sewer  to  be 
forever  main- 
tained. 


Not  to  inter- 
fere with  use 
of  right  of 
way. 


Man  holes, 
who  to  build 
and  protect 
in  certain 
cases. 


Construct 
catch  basin. 


Railroad  com- 
pany held 
harmless 
from 
damages. 


Repairs. 


removing  and  replacing  any  and  all  telegraph  poles  and 
lines  and  any  other  construction  or  obstruction  upon  the 
right  of  way  or  premises  of  said  railroad  company,  which 
mav  be  required  to  be  removed. 

479  Fourth — That  said  sewer  shall  be  so  constructed 
and  maintained  that  it  shall  not  during  the  construction 
thereof  interfere  with  the  usual  movement  of  trains  upon 
the  tracks  of  the  party  of  the  second  part,  and  shall  in  no 
other  way  interfere  further  than  is  necessary  with 
the  use  by  said  party  of  the  second  part  of  its  right  of  way 
and  premises,  and  shall  not,  after  completion,  interfere 
with  the  use  of  the  entire  right  of  way  by  said  party  of 
the  second  part  for  track  or  other  purposes. 

480  Fifth — That  if  at  any  time  said  railroad  com- 
pany shall  lay  additional  tracks  that  in  any  manner  interfere 
with  free  access  to  the  man-holes  of  said  sewer,  either  be- 
cause of  such  tracks  or  necessary  embankments  extending 
over  such  man-holes,  then  said  city  shall  build  such  man- 
holes up  to  a sufficient  height  and  properly  protect  them, 
and  if  necessary  rearrange  them,  without  cost  or  expense 
to  said  railroad  companv. 

481  Sixth — That  said  city  shall  construct  a proper 
catch  basin  near  the  crossing  of  said  sewer  with  the  Tenth 
ward  in  such  a manner  as  that  the  right  of  way  of  said 
railroad  company  south  of  its  tracks  can  be  drained  into 
such  catch  basin,  and  thereby  allow  said  railroad  company 
to  abandon  and  fill  up  a culvert  now  existing  near  said 
point. 

482  Seventh — That  said  city  shall  and  will  at  all  times 
save  and  hold  said  railroad  company  free  and  harmless  from 
all  loss,  liability  or  damages  to  any  person,  whether  in  the 
employ  of  said  railroad  company  or  city,  or  not ; and  from 
all  damages  to  property,  whether  that  of  the  said  railroad 
company  or  other  person  or  corporation,  which  shall  occur 
or  result  in  any  manner  at  any  time  growing  out  of  or  by 
reason  of  the  construction  or  maintenance  of  said  sewer ; 
and, 

483  Eighth — That  said  city  shall  at  all  times  keep 
and  maintain  said  sewer  in  proper  and  safe  condition  and 
repair. 


PAKTY  WALLS. 


353 


The  center  line  of  said  sewer  as  located  and  proposed 
to  be  constructed  is  particularly  set  forth  and  described 
in  exhibit  “A,”  hereto  attached  and  made  a ])art  thereof: 
Provided,  always,  that  this  agreement  is  upon  the  express 
condition  that  the  same  shall  not  take  effect  nor  become 
operative  until  after  such  time  as  the  said  City  of  Fort 
Wayne,  by  its  Common  Council,  shall  have  ratified,  ap- 
proved and  confirmed  the  same  by  an  ordinance  duly  passed 
and  in  effect  to  the  acceptance  of  the  said  railroad  company. 

In  witness  whereof  the  parties  hereto  have  hereunto 
set  their  names  the  day  and  year  first  above  written. 

PETER  EGGEMANN, 

P.  H.  KANE, 

J.  K.  M’CRACKEN. 

[Approved  March  13,  1900.] 

Ordinance  Record  i,  page  379. 


AiW  ORDINANCE  relating  to  the  construction  of  Party 

Walls. 

(Approved  March  11,  1887.) 

(Chapter  34,  Revised  Ordinances,  1887.) 

484  Sec.  I.  The  Common  Council  of  said  city  shall 
annually  elect  three  persons  to  view  and  estimate  the  value 
of  party  walls,  hereafter  to  be  built  within  the  city,  who 
shall  hold  their  office  for  the  term  of  one  year  from  and 
after  their  election,  and  until  their  successors  are  elected 
and  qualified. 

485  Sec.  2.  Before  such  viewers  shall  proceed  to 
view  and  estimate  the  value  of  any  such  party  wall,  they 
shall  make  out  and  sign  a written  notice  specifying  the 
time  and  place  when  and  where  such  view  and  estimate 
will  be  made,  and  also  a particular  description  of  the  lots, 
or  parts  of  lots,  between  which  such  wall  is  a partition, 
and  deliver  the  same  to  the  Marshal,  who  shall  serve  such 
notice  personally  upon  or  by  leaving  a copy  thereof  at  the 
residence  or  business  place  of  the  owner  or  owners  of  any 
lot  or  lots,  or  part  of  lot,  upon  the  line  of  which  such  wall 
is  built,  which  notice  with  the  fact  and  manner  of  such 


To  be  ef- 
fective, when 


Party  walls. 
Viewers. 


Notice  of 
meeting. 


354 


LAWS  AND  ORDINANCES. 


Service  of 
notice. 


Non-residents. 

Publication. 


Meeting  of 
Viewers. 


Party  walls, 
how  located. 

Fixed  by  City 
Civil 

Engineer. 


notice  shall  be  returned  forthwith  to  the  City  Clerk,  who 
shall  file  and  preserve  the  same  in  his  office. 

486  Sec.  3.  Every  notice  required  by  the  second 
section  of  this  ordinance  shall  be  served  in  the  manner 
therein  pointed  out,  at  least  three  days  before  the  time 
fixed  by  such  viewers,  for  the  view  and  valuation  of  such 
party  walls. 

487  Sec.  4.  Whenever  it  shall  be  made  known  to 
such  viewers  by  the  Marshal’s  return  to  any  such  notice, 
or  by  other  means  whatever,  that  the  owner  or  owners  of 
any  lots,  lot  or  part  of  lot,  upon  the  line  of  which  any  party 
wall  is  erected,  is  or  are  non-residents  of  the  County  of 
Allen,  and  there  is  no  agent  of  such  owner  or  owners  resid- 
ing in  said  city,  it  shall  be  the  duty  of  such  viewers  to  notify 
such  owner  or  owners  by  publication  for  three  successive 
weeks  in  some  newspaper  printed  in  the  city,  of  the  time 
and  place  where  and  when  such  view  and  valuation  will 
be  made ; and  a copy  of  such  printed  notice,  with  the  af- 
fidavit of  the  proprietor  or  publisher  of  such  newspaper 
attached  thereto,  shall  be  deposited  with  the  City  Clerk, 
to  be  by  him  filed  and  preserved. 

488  Sec.  5.  Said  viewers,  after  having  given  notice 
as  aforesaid,  shall  meet  at  the  time  and  place  appointed,  and 
proceed  to  view  and  value  such  party  wall,  and  they  shall 
have  the  power  to  adjourn  from  day  to  day  until  they  have 
completed  such  view  and  valuation ; and  when  the  same  is 
completed  and  reduced  to  writing  and  verified  by  the  affi- 
davits of  such  viewers,  or  a majority  of  them,  such  report 
and  valuation  shall  be  final  and  conclusive. 

489  Sec.  6.  That  it  shall  be  lawful  for  any  person 
or  persons  about  to  build  any  stone  or  brick  house  of  any 
kind,  on  any  piece  or  parcel  of  ground,  within  the  City  of 
Fort  Wayne,  which  is  bounded  on  any  side  or  end  by  the 
private  property  of  any  other  person  or  persons,  to  build 
his,  her  or  their  wall  or  walls  on  any  line  dividing  his, 
her  or  their  grounds  from  that  which  adjoins  it  as  afore- 
said, placing  such  wall  lengthwise,  along  said  line,  and 
one-half  of  such  wall  on  each  side  of  said  line,  as  the  same 
may  be  fixed  by  the  City  Engineer;  and  when  any  such 


PAI'TY  WALLS. 


355 


wall  shall  be  built  of  brick  or  stone,  of  the  height,  depth, 
breadth  and  thickness,  and  in  the  manner  and  of  the  quality 
of  materials  prescribed  by  the  ordinances  of  the  city,  it 
shall  be  a party  wall,  and  the  persons  owning  the  ground 
on  either  side  thereof  shall  have  the  right  to  use  the  same 
in  any  lawful  manner:  Provided,  That  no  person  other 

than  the  person  building  such  wall  shall  be  compelled  to 
maintain  and  keep  the  same  in  repair,  or  to  pay  any  part 
of  the  expenses  of  building,  repairing  or  maintaining  the 
same,  until  such  wall,  or  some  part  thereof,  shall  be  used  by 
such  other  person  by  attaching  another  house  to  it,  or  making 
it  constitute  one  side  or  wall  or  a part  of  one  side  or  wall 
of  another  house  of  some  kind  erected  on  the  ground  ad- 
joining that  of  the  person  who  erected  such  wall.  And 
when  any  person  other  than  the  person  who  may  have 
erected  any  such  party  wall  may  desire  to  use  such  wall  by 
attaching  another  house  of  any  kind  to  it,  or  by  making 
such  party  wall  part  of  such  house,  such  person  so  desirous 
to  use  such  wall  shall  first  pay  to  the  person  or  persons  who 
built  the  same,  or  his  or  their  heirs  and  assigns,  one-half 
of  the  full  value  of  such  wall,  if  the  same  be  demanded  by 
the  person  entitled  thereto ; and  after  such  demand  is  made 
no  person  shall  attach  any  other  house  to  such  party  wall 
or  proceed  any  further  in  erecting  or  building  the  same, 
or  commence  or  proceed  any  further  in  erecting  or  finishing 
any  such  other  house,  of  which  said  party  wall  will  in  any- 
wise form  a part  of  one  wall,  or  a part  of  a wall  thereof, 
without  first  paying  to  the  person  or  persons  who  built  such 
party  wall,  or  his  or  her  or  their  heirs  and  assigns,  one-half 
of  the  full  value  of  said  party  wall : and  in  case  the  parties 
interested  cannot  agree,  then  either  party  shall  call  upon 
the  said  viewers  to  view  and  estimate  the  value  of  said 
partv  wall.  [As  amended  1899.] 

490  Sec.  7.  Such  viewers  shall  be  paid  by  the  re- 
spective parties  three  dollars  ($3.00)  per  day  each. 


The  use  of 
same. 


Costs  divided, 
how  and 
when. 


Viewers,  how 
paid. 


356 


LAWS  AND  ORDINANCES. 


Partition 

fences. 


Posts,  where 
placed. 


Penalty. 

Refusal 
to  build  or 
repair. 


Notice. 


GENERAL  ORDINANCE  NO.  140. 

AN  ORDINANCE  regulating  the  building  and  maintaining 

of  partition  fenees. 

491  Sec.  I.  The  respective  owners  of  all  lots  in 
the  City  of  Eort  Wayne  shall  construct  and  maintain  par- 
tition fences  between  their  own  and  the  next  adjoining 
lots  at  an  equal  expense  to  each  owner;  such  partition 
fence  shall  be  constructed  of  posts  sunk  in  the  soil  at  least 
three  feet,  and  of  a height  above  the  surface  of  not  less  than 
three  feet  or  more  than  six  feet  with  rough  boards ; in  all 
cases  when  the  houses  in  streets  on  which  lots  front  run 
by  numbers  from  east  to  west  the  posts  shall  be  placed 
contiguous  to  and  on  the  westerly  side  of  the  dividing  line, 
and  the  boards  shall  be  nailed  or  fastened  on  the  easterly 
side  of  the  post ; and  when  the  houses  on  such  streets 
number  from  west  to  east,  the  posts  shall  be  placed  on  the 
easterly  side  of  the  dividing  line  and  the  boards  on  the 
westerly  side  of  the  posts.  On  lots  fronting  on  streets,  the 
numliers  of  the  houses  whereon  run  from  north  to  south, 
the  fence  posts  shall  be  placed  contiguous  to  and  on  the 
north  side  of  the  dividing  line,  and  the  boards  on  the  south 
side  of  the  posts ; and  when  such  unmbers  run  from  south  to 
north,  such  posts  shall  be  placed  contiguous  to  and  on  the 
south  side  of  the  dividing  line,  and  the  boards  on  the 
north  side  of  the  posts.  Any  person  violating  the  pro- 
visions of  this  section  shall,  upon  conviction,  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars  ($100.00.) 

492  Sec.  2.  Whenever  any  party  shall  neglect  to 
build,  repair  or  rebuild  any  partition  fence  which  of  right 
he  ought  to  build,  repair  or  rebuild,  the  aggrieved  party 
may  complain  to  the  Board  .of  Public  Works,  who  shall 
give  notice  in  writing  to  the  parties  of  the  time  and  place 
when  they  shall  examine  into  the  same ; upon  such  exam- 
ination said  Board  shall  determine  in  writing  if  such  is 
required  to  be  built,  repaired  or  rebuilt,  and  in  such  case 
the  proportion  shall  be  paid  by  each  owner,  a copy  of  which 
shall  be  served  on  each  party  in  interest ; if  any  party  shall 
neglect  for  the  space  of  twenty  days,  after  service  of  such 


PARTITION  FENCES. 


357 


finding,  to  comply  with  the  requirements  thereof,  the  other 
party  may  proceed  to  build,  repair  or  rebuild  such  fence, 
and  the  party  neglecting  to  comply  with  the  requirements 
of  such  finding  shall  be  liable  to  the  party  doing  the  work 
for  the  entire  expense  thereof. 

493  Sec.  3.  Notwithstanding  any  thing  in  this  ordi- 
nance contained,  the  owners  of  adjacent  lots  may  amicably 
agree  upon  the  size,  character  and  height  of  their  partition 
fences,  and  the  proportion  in  which  they  shall  bear  the 
expense  thereof. 

494  Sec.  4.  When,  by  the  inclosure  of  uninclosed 
lots  or  lands,  a fence  already  erected  shall  become  a par- 
tition fence,  the  person  making  such  inclosure  shall  pay  to 
the  owner  of  such  fence  the  value  of  one-half  of  the  same 
at  the  time  of  making  such  inclosure. 

495  Sec.  5.  When  any  person,  by  mistake,  shall 
have  erected  a fence  on  the  lot  or  lands  of  another,  and 
when,  by  a line  legally  determined,  such  fact  is  ascertained, 
such  person  shall  have  the  right  to  enter  upon  such  prem- 
ises and  remove  the  fence  to  the  line  so  legally  determined, 
doing  no  unnecessary  injuries  to  the  premises. 

495-A  Sec.  6.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  herebv  repealed. 

495-B  Sec.  7.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  November  18,  1899.] 

Ordinance  Record  i,  page  337. 


GENERAL  ORDINANCE  NO.  25. 

AN  ORDINANCE  providing  for  the  closing  of  liquor  sa- 
loons and  requiring  the  removal  of  any  obstructions  of 
the  view  to  the  interior  of  the  same  betzveen  the  hours 
of  II  o'clock  P.  M.  and  5 o'clock  A.  M.,  on  the  following 
day  and  on  Sundays. 

496  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  any  person  or  persons 
keeping  a saloon  or  other  place  within  the  limits  of  said 
city  or  within  four  miles  of  the  corporate  limits  thereof, 


Parties  may 
agree  as  to 
kind  of  fence. 


Fence  already 
erected  be- 
coming a par- 
tition fence. 

Payment  for. 

Erected  on 
wrong  line 
moral. 


Saloon. 


358 


LAWS  AND  ORDINANCES. 


Rooms  where 
intoxicating 
liquors  sold 
regulated. 


Open  on 
Sunday 
prohibited. 


Door  and  win- 
dow screens 
raised. 


On  Sunday, 
raise  door 
and  window 
screens. 


Penalty. 


where  intoxicating  liquors  are  sold  or  given  away  to  be 
drunk  upon  the  premises,  shall  eject  therefrom  any  person 
not  regularly  employed  therein,  and  shall  close  and  lock  the 
doors  thereof  securely,  and  permit  no  ingress  thereto  be- 
tween the  hours  of  ii  o’clock  p.  m.  and  5 o’clock  a.  m.  of 
the  following  day,  and  it  shall  be  the  duty  of  every  person 
found  in  any  such  place  between  said  hours  to  depart  there- 
from when  requested  so  to  do. 

497  Sec.  2.  It  shall  be  unlawful  for  any  person  who 
is  keeping  or  assisting  to  keep  any  shop,  saloon  or  other 
place  within  said  city  or  within  four  miles  from  the  cor- 
porate limits  thereof,  for  the  purpose  of  selling,  bartering 
or  giving  away  any  kind  of  intoxicating  liquor  to  be  used 
on  the  premises,  to  open  such  shop,  saloon  or  other  place, 
or  have  any  door  thereof  unlocked  on  Sunday,  or  permit 
ingress  thereto  on  said  day  of  any  person  not  regularly 
employed  therein. 

498  Sec.  3.  That  any  person  or  persons  keeping  a 
saloon  or  other  place  within  the  limits  of  said  city,  or 
within  four  miles  of  the  corporate  limits  thereof,  where 
intoxicating  liquors  are  sold  or  given  away  to  be  drunk 
upon  the  premises,  shall  at  ii  o’clock  p.  m.  of  each  day  raise 
all  door  and  window  screens  and  remove  any  obstructions 
which  prevents  an  unobstructed  view  of  the  interior,  and 
shall  not  replace  said  door  or  window  screen,  or  in  any 
manner  obstruct  said  view  until  5 o’clock  a.  m.  of  the  fol- 
lowing day. 

499  Sec.  4.  That  any  person  or  persons  keeping  a 
saloon  or  other  place  within  the  limits  of  the  city  or  within 
four  miles  of  the  corporate  limits  thereof,  where  intoxi- 
cating liquors  are  sold  or  given  away  to  be  drunk  upon 
the  premises,  shall,  on  Sunday,  raise  all  door  and  window 
screens  and  remove  any  obstructions  which  prevents  an  un- 
obstructed view  of  the  interior  of  said  saloon,  or  place,  or 
bar,  and  shall  not  replace  said  door  and  window  screens, 
or  in  any  manner  obstruct  said  view  until  5 o’clock  a.  m. 
of  the  day  following  said  Sunday. 

499-A  Sec.  5.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 


• v‘> 


■'V 

. 


LIQUOR  LICENSES. 


359 


500  Sec.  6.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  be  fined  in 
any  sum  not  exceeding  twenty-five  dollars  ($25.00)  for 
each  offense. 

500-A  Sec.  7.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval 
by  the  Mayor  and  the  publishing  of  the  same  once  each 
week  for  two  successive  weeks  in  a daily  newspaper  of 
general  circulation  printed  and  published  in  the  City  of 
Fort  Wayne.  [Approved  January  8,  1895.] 

Ordinance  Record  i,  page  95. 


AN'  ORDINANCE  granting  pozver  to  the  Common  Council 
to  refuse  liquor  licenses  in  certain  cases. 


501  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  whenever  any  person  shall 
make  application  to  said  city  for  a license  to  retail  intoxi- 
cating liquors  in  a less  quantity  than  a quart  at  a time,  in 
said  city  or  within  the  distance  of  two  miles  therefrom,  and 
the  Mayor  shall  believe  or  have  good  cause  to  believe  such 
applicant  to  be  an  improper  person  to  have  such  license, 
said  Mayor  shall  submit  the  question  to  the  Common  Coun- 
cil, who  shall  grant  or  refuse  such  license  as  in  its  judgment 
shall  be  deemed  right.  Nothing  herein  contained  shall  be 
construed  as  repealing  any  ordinance  of  said  city  now  in 
force,  but  merely  annulative  thereto. 

Done  at  the  Council  Chamber  of  said  City  of  Fort 
Wayne  this  28th  day  of  May,  1889. 

DANIEL  L.  HARDING,  Mayor. 

Attest : W.  W.  ROCKHILL,  City  Clerk. 


Intoxicating 

liquors. 


Sale  of. 

License. 

Mayor  may  re- 
fuse to  issue. 


GENERAL  ORDINANCE  NO.  22. 

AN  ORDINANCE  requiring  persons  living  zuithin  the  City 
of  Fort  Wayne,  and  zvithin  four  miles  from  the  cor- 
porate limits  thereof,  to  obtain  a city  license  to  sell  in- 
toxicating liquors. 

502  Sec.  I.  Be  it  ordained  by  the  Common  Council 


360 


LAWS  AND  OKDINANCES. 


Liquors, 

License 

required. 


Fee. 


Issued  by 
Comptroller. 

Unlawful  to 
sell  without 
license. 


Penalty. 


Prostitutes 
wandering  on 
streets,  un- 
lawful. 


of  the  City  of  Fort  Wayne,  That  the  Mayor  of  the  City  of 
Fort  Wayne,  in  his  discretion,  is  hereby  authorized  to  grant 
to  any  person,  who  shall  have  first  obtained  a state  license 
to  sell  intoxicating  liquors,  a city  license  to  sell  intoxicating 
liquors  in  a less  quantity  than  a quart  at  a time  upon  such 
person  making  application  therefor,  and  first  depositing 
in  the  treasury  for  said  city,  for  use  of  said  city,  the  sum 
of  one  hundred  dollars  ($100.00),  which  said  license  shall 
run  for  a period  of  one  year,  and  shall  designate  therein 
the  place  at  which  such  sale  may  be  made.  Said  license 
shall  issue  under  the  corporate  seal  of  said  city  and  be 
signed  by  the  Mayor  and  countersigned  by  the  City  Comp- 
troller. 

503  Sec.  2.  It  shall  be  unlawful  for  any  person  to 
sell  within  the  limits  of  the  City  of  Fort  Wayne,  or  within 
the  distance  of  four  miles  therefrom,  any  intoxicating 
liquors  in  a less  quantity  than  a quart  at  a time  without 
having  a citv  license  for  so  to  do. 

504  Sec.  3.  Any  person  who  shall  violate  any  of 
the  provisions  of  this  ordinance  shall,  upon  conviction,  for- 
feit and  pay  a fine  of  not  less  than  one  hundred  dollars 
($100.00.1 

504-A  Sec.  4.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 

504-B  Sec.  5.  This  ordinance  shall  be  in  full  force 
and  efifect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publishing  of  the  same  once  a week  for  two 
consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Fort  Wayne. 
[Approved  November  14,  1894.] 

Ordinance  Record  i,  page  90. 


GENERAL  ORDINANCE  NO.  143. 

AN  ORDINANCE  defining  certain  offenses. 

. 505  Sec.  I.  Be  it  ordained  by  the  Common  Council 

of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  common  prostitute  to  be  found  wandering  about  this 
city,  or  within  two  miles  of  the  corporate  limits  thereof, 


DEFINING  certain  OFFENSES.  361 

or  found  guilty  of  any  lewd  or  lascivious  conduct  in  any 
public  place  within  the  aforesaid  limits. 

506  Sec.  2.  It  shall  be  unlawful  for  any  person 
within  the  City  of  Fort  Wayne,  by  the  practice  of  any 
trick,  game  or  device  whatever,  or  by  means  of  any  false 
or  fraudulent  token,  representation,  writing  or  any  false 
pretense,  to  defraud  of  or  obtain  from,  or  attempt  to  defraud 
of  or  obtain  from  another,  any  money  or  thing  of  value. 

507  Sec.  3.  It  shall  be  unlawful  for  any  person  to 
make  any  noise,  disorder  or  tumult  to  the  disturbance  of 
the  peace  and  quietude  of  the  city,  or  to  the  annoyance  of 
any  of  its  inhabitants,  or  to  permit  such  noise,  disorder  or 
tumult  to  be  made  in  or  about  his  house  or  premises. 

508  Sec.  4.  All  police  officers  of  the  City  of  Fort 
Wayne  are  hereby  empowered  and  enjoined  to  arrest  with 
or  without  process  any  person,  who,  in  the  night  time  or 
on  Sunday,  and  within  one  mile  of  the  city  limits  there- 
from, shall  be  found  rioting,  fighting  or  in  any  manner 
disturbing  the  public  peace.  And  said  officers  shall  commit 
such  offender  to  the  city  prison  for  safe  keeping  until  com- 
plaint can  be  made  before  the  Mayor  of  the  city : ^Provided, 
however.  That  no  person  shall  be  imprisoned  longer  than 
10  o’clock  of  the  succeeding  day,  unless  such  succeeding 
day  shall  be  Sunday,  in  which  case  complaint  against  such 
offender  shall  be  made  on  the  next  following  Monday. 
All  arrests  shall  be  subject  to  the  right  to  be  admitted  to 
bail  as  provided  by  law. 

509  Sec.  5.  It  shall  be  unlawful  for  any  person  to 
climb  upon  or  into  any  wagon,  carriage,  sleigh  or  other 
vehicle  while  the  same  may  be  in  motion,  or  attach  his  sled 
or  cart  to  any  such  vehicle,  without  the  consent  of  the 
driver  thereof,  or  to  otherwise  molest  or  annoy  any  person 
in  said  city. 

510  Sec.  6.  It  shall  be  unlawful  for  any  person  to 
distribute,  cast,  throw  or  place  in,  upon  or  along  any  of 
the  streets,  alleys  or  public  places  of  the  City  of  Fort 
Wayne,  any  hand  bills,  pamphlets,  circulars,  books  or  ad- 
vertisements, for  the  purpose  or  with  the  intent  of  adver- 
tising, or  making  known  in  a general  or  promiscuous 


Trick,  game, 
device,  etc., 
when  unlaw- 
ful. 


Noise  and 
disorder. 


Disturbing 
public  peace, 
unlawful. 


Climbing  on 
wagons  and 
sleighs, 
unlawful. 


Hand  bills, 
etc.,  thrown 
over  and 
along  streets, 
unlawful. 


31 


362 


LAWS  AND  ORDINANCES. 


Congregating 
in  doorways 
or  stairways 
prohibited. 


Attempt  to 
pick  pockets 
unlawful. 

Indecent  plays 
unlawful. 


Begging 

unlawful. 


Kite  flying 
unlawful. 


Throwing 
stones  on 
streets  un- 
lawful. 


manner  any  occupation,  profession,  medical  treatment,  medi- 
cines or  anything  whatever. 

511  Sec.  7.  It  shall  be  unlawful  for  any  person  or 
persons  in  said  city  to  loiter  or  congregate  about  or  upon 
any  stairway,  doorway,  window  or  in  front  of  any  business 
or  dwelling  house,  theatre,  lecture  room,  church,  street  or 
street  corner,  or  elsewhere,  and  by  so  doing  obstruct  or 
interfere  with  the  free  passage  of  persons  entering  or  oc- 
cupying such  building  or  premises,  or  by  their  language, 
conversation  or  conduct  annoy,  insult  or  disturb  persons 
passing  along  the  streets  or  alleys,  or  occupying,  residing 
or  doing  business  in  any  of  said  houses  or  places. 

512  Sec.  8.  It  shall  be  unlawful  for  any  person  to 
attempt  to  pick  the  pockets  of,  or  to  take  from  the  person 
of  another,  any  nionev  or  other  things  of  value. 

513  Sec.  9.  It  shall  be  unlawful  for  any  person  to 
perform  any  indecent,  immoral  or  lewd  play  or  representa- 
tion within  the  corporate  limits  of  the  city. 

514  Sec.  10.  It  shall  be  unlawful  for  any  person 
within  the  limits  of  the  city,  or  within  the  distance  of  two 
miles  therefrom,  to  wander  in  the  public  streets,  or  in  any 
place  of  public  resort,  to  beg  or  gather  alms,  or  cause  or 
procure  or  encourage  anv  child  or  children  so  to  do. 

515  Sec.  IT.  It  shall  be  unlawful  for  any  person 
to  fly  a kite  or  engage  in  any  sport  or  exercise  likely  to 
scare  horses,  injure  passengers  or  embarrass  the  passage 
of  vehicles  in  any  street  or  alley  in  the  city. 

516  Sec.  12.  It  shall  be  unlawful  for  any  person  to 
purposely  or  heedlessly  cast  or  throw  any  stone,  brick  or 
other  missile  from  or  into  any  street  or  other  public  place, 
or  at,  against  or  into  any  building,  shade  tree  or  other 
property,  or  shall  climb  upon  or  walk  upon  the  top  or 
capping  of  any  fence  or  railing,  or  into  any  shade  or  orna- 
mental tree  upon  any  public  street  or  place,  or  shall  in  any- 
wise injure  or  deface  any  building,  fence,  gate  or  shade 
tree,  or  shall  meddle  with  or  injure  any  well,  cistern, 
hydrant  or  pump  within  said  city. 

517  Sec.  13.  It  shall  be  unlawful  for  any  person 
to  keep  or  leave  open  any  cellar  door  or  grating  of  any 


DEFINING  certain  OFFENSES. 


363 


vault  on  any  street  or  sidewalk,  or  suffer  the  same  to  be 
left  or  kept  open. 

518  Sec.  14.  It  shall  be  unlawful  for  any  person 
to  hiteh  anv  horse  or  other  animal  in  such  a manner  as 
will  allow  it  to  go  upon  or  over  any  sidewalk,  or  to  hitch 
any  animal  to  any  shade  or  ornamental  tree,  awning,  post 
or  lamp  post  in  said  city ; and  it  shall  be  unlawful  for  any 
person  to  leave  any  horse,  horses,  or  other  animals  attached 
to  any  vehicle,  in  any  of  the  streets,  alleys  or  lanes  of  the 
city,  without  securely  fastening  such  a horse,  horses  or 
other  animals. 

519  Sec.  15.  It  shall  be  unlawful  for  any  person 
wilfully  to  give  or  make  a false  alarm  of  fire  or  watch,  or 
to  employ  any  bell  man,  or  use  or  cause  to  be  used  any 
bell,  horn,  bugle  or  other  sounding  instrument,  or  to  employ 
any  device,  noise  or  performance,  tending  in  either  case 
to  the  collecting  of  persons  on  the  streets,  sidewalks  or 
other  public  places  to  the  obstruction  of  the  same,  or  for 
any  purpose  whatever. 

520  Sec.  16.  It  shall  be  unlawful  for  any  person  to 
pull  down,  deface  or  destroy  any  written  or  printed  notice, 
advertisement  or  bill  posted  up  at  any  place  in  the  city, 
which  said  notice,  advertisement  or  bill  has  been  so  posted 
by  permission  of  the  owner  or  persons  having  control  of  the 
place  whereon  such  posting  is  made. 

521  Sec.  17.  It  shall  be  unlawful  for  any  person 
to  resist  or  molest  any  city  officer  in  the  execution  or  per- 
formance of  his  official  duties. 

522  Sec.  18.  It  shall  be  unlawful  for  any  person  to 
fire  or  discharge  any  common  gun,  fowling  piece,  pistol  or 
firearms  of  any  description,  or  to  fire,  or  explode,  or  set  off 
any  squib,  cracker  or  any  other  thing  containing  powder 
or  other  combustible  or  explosive  material,  without  written 
permission  from  the  Mayor ; which  permission  shall  limit 
the  time  of  firing,  and  shall  be  subject  to  be  revoked  by 
the  Mavor  at  anv  time  after  it  has  been  granted. 

523  Sec.  19.  It  shall  be  unlawful  for  any  person 
to  ride  or  drive  any  horse  or  horses  through  or  upon  the 
streets,  alleys  or  public  grounds  of  the  City  of  Fort  Wayne 


Cellar  doors  or 
grating  left 
open  unlaw- 
ful. 

Animals  on 
sidewalks  un- 
lawful. 


Collecting  per- 
sons in 
crowds  on 
streets  pro- 
hibited. 


Defacing  or 
tearing  down 
printed 
notices  pro- 
hibited. 


Resisting  of- 
ficer unlaw- 
ful. 

Discharge  of 
firearms 
in  city  unlaw- 
ful. 


Rate  of  speed 
on  streets. 


364 


LAWS  AND  ORDINANCES. 


Rate  of  speed 
in  turning 
corners. 


Swine. 


Hanging  on 
fire  apparatus 
prohibited. 


Privy  vaults, 
how  built. 


Police  whistle. 


Permit  to 
enter  prem- 
ises of  others. 


Injuring  grass 
plots. 


at  a greater  speed  than  eight  miles  per  hour;  that  it  shall 
likewise  be  unlawful  for  any  person  or  persons  to  ride  or 
propel  any  bicycle,  tricycle  or  automobile  over  the  streets 
of  the  city  at  a rate  of  speed  to  exceed  eight  miles  per  hour : 
Provided,  That  the  Mayor  may  designate  certain  streets 
upon  which  horses  may  be  speeded  for  amusement  under 
proper  regulations. 

524  Sec.  20.  It  shall  be  unlawful  for  any  person 
upon  turning  the  corner  of  any  street  in  the  City  of  Fort 
Wayne,  to  ride  or  drive  any  horse  or  horses  or  other  animals 
at  a greater  speed  than  four  miles  an  hour,  or  to  ride  or 
propel  any  bicycle,  ’ tricycle  or  automobile,  in  turning  any 
street  corner,  at  a greater  speed  than  four  miles  per  hour: 
Provided,  That  this  limitation  shall  not  apply  .to  fire  de- 
partments in  answering  any  alarm  of  fire,  nor  to  the  police 
patrol. 

525  Sec.  21.  It  shall  be  unlawful  for  any  person  to 
keep,  harbor  or  have  any  swine  within  the  limits  of  the 
City  of  Fort  Wayne. 

526  Sec.  22.  It  shall  be  unlawful  for  any  person 
other  than  members  of  the  Fire  Department  of  said  city 
to  ride  upon  or  hang  on  any  engine,  hook  and  ladder  truck, 
hose  carriage  or  other  fire  apparatus  while  going  to  or 
returning  from  anv  fire  or  fire  alarm. 

527  Sec.  23.  It  shall  be  unlawful  for  any  person 
to  build,  or  cause  to  be  built,  within  the  limits  of  said  city, 
any  privy  vaults,  or  to  use  for  such  purpose  any  vault, 
unless  the  same  is  built  of  brick,  stone  or  metallic  sub- 
stances, and  made  water-tight,  and  not  less  than  four  feet 
deep. 

528  Sec.  24.  It  shall  be  unlawful  for  any  person 
other  than  a police  officer  of  said  city  to  blow  a police 
whistle  within  the  corporate  limits  of  said  citv. 

529  Sec.  25.  It  shall  be  unlawful  for  any  person 
to  enter  the  lot  or  premises  of  another  without  having  the 
consent  of  the  person  in  possession  of  such  lot  or  premises, 
unless  such  entrv  be  made  for  legitimate  business  purposes. 

530  Sec.  26.  It  shall  be  unlawful  for  any  person  to 
enter  upon  or  injure,  or  cause  to  be  injured,  any  grass  plat 


DEFINING  CEKTAIN  OFFENSES. 


365 


or  lawn,  flower  bed  or  garden,  upon  the  lot  or  premises  of 
another,  whether  sncli  lot  or  premises  be  inclosed  or  un- 
inclosed. 

531  Sec.  27.  It  shall  be  unlawful  for  any  person  to 
hang  to  or  climb  upon  anv  electric  light  tower  or  pole. 

532  Sec.  28.  It  shall  be  unlawful  for  any  person  to 
erect  or  maintain  any  fence  separating  lots  or  real  estate 
from  any  sidewalk,  street  or  alley,  any  part  of  which  is 
made  from  barbed  wire. 

533  Se  . 29.  It  shall  be  unlawful  to  put  up  or  main- 
tain, or  suffer  to  be  put  up  or  maintained,  any  sign,  banner 
or  streamer  or  other  device  for  advertising  or  other  pur- 
pose, by  suspending  the  same  across  any  street  or  alley 
within  the  city. 

534  Sec.  30.  It  shall  be  unlawful  for  any  person 
to  put  up  or  maintain  any  sign  which  shall  project  over  any 
sidewalk  in  said  city  more  than  four  feet  from  the  building 
line  of  the  street,  or  the  lowest  part  of  which  sign  shall 
be  less  than  eight  feet  above  the  ground. 

535  Sec.  31.  It  shall  be  unlawful  for  any  person, 
without  competent  authority,  to  light  or  extinguish  any 
electric,  gas  or  other  light  used  bv  said  city. 

536  Sec.  32.  It  shall  be  unlawful  to  shoe  any  horse 
upon  or  in  any  street  or  alley  of  the  city. 

537  Sec.  33.  It’  shall  be  unlawful  for  the  owner 
of  any  building  or  lot  to  permit  the  sidewalk  abutting 
thereon  to  become  and  remain  out  of  repair,  so  as  to  become 
dangerous  and  unsafe  for  passage  upon  and  over. 

538  Sec.  34.  It  shall  be  unlawful  for  any  person 
to  dig  or  excavate  any  street  or  alley  for  the  purpose  of 
laying  any  gas  or  water  pipe  without  first  having  obtained 
the  written  permission  of  the  Board  of  Public  Works. 

539  Sec.  35.  It  shall  be  unlawful  to  connect  any 
pipe  of  any  stove,  or  other  heating  apparatus,  to  any  chim- 
ney or  flue,  unless  such  chimney  or  flue  is  made  of  brick, 
stone  or  iron. 

540  Sec.  36.  It  shall  be  unlawful  for  any  person 
to  place  any  hay,  straw  or  other  combustible  substance 
within  fifteen  feet  of  any  place  where  fire  is  kept,  or  to  use 


Electric  light 
towers, 
climbing  on. 

Barb  wire 
fence. 


Signs  and  ban- 
ners strung 
on  streets, 
for  advertis- 
ing purposes, 
unlawful. 

Height  of 
signs  main- 
tained. 


Putting  out 
lights. 


Shoeing 

horses. 

Sidewalks  out 
of  repair. 


Permit  to  ex- 
cavate. 


Fire  precau 
tion. 


Hay,  straw 
and  other 
combustibles 
near  fire  pro- 
hibited. 


36b 


LAWS  AND  ORDINANCES. 


Personating  a 
fireman. 


Ashes. 


Scaffolds  over 
sidewalk. 


Penalty. 


Chickens,  tur- 
keys, etc., 
running  at 
large. 

Chicken 
coops  main- 
tained. 


Bees,  more 
than  two 
hives  in  one 
lot. 


Funeral  pro- 
cession, 
breaking  into 
unlawful. 


a lighted  candle  or  lamp  in  the  department  of  any  building 
where  hay  or  straw  is  kept,  unless  the  same  be  secured  in 
a glass  lantern. 

541  Sec.  37.  It  shall  be  unlawful  for  any  person 
not  a member  of  the  Phre  Department  to  personate  a fire- 
man or  officer  at  a fire  or  in  going  to  or  retiring  from  an 
alarm  of  fire. 

542  Sec.  38.  It  shall  be  unlawful  for  any  person 
to  place  or  keep  ashes  in  any  barrel,  box  or  other  wooden 
vessels,  or  on  any  wooded  floor  of  any  building. 

543  Sec.  39.  All  scaffolds  erected  in  this  city  for 
use  in  construction  of  buildings  shall  be  well  and  saf(‘ly 
supported  and  of  sufficient  width  and  properly  secured  so 
as  to  insure  the  safety  of  persons  working  thereon  or 
passing  under  or  by  the  same,  to  prevent  the  falling  thereof, 
or  of  any  materials  that  may  be  used,  placed  or  df;posited 
thereon  ; any  scaffold  which  may  be  otherwise  erected  shall 
be  deemed  a nuisance ; and  any  person  who  shall  erect  or 
use,  or  caused  to  be  erected  or  used,  any  scaffold  contrary 
to  the  provisions  hereof,  shall  be  subject  to  the  penalty  here- 
inafter provided,  and  to  a like  fine  for  every  day  the  same 
shall  remain  after  notice  to  remove. 

544  Sec.  40.  It  shall  be  unlawful  to  permit 
chickens,  turkeys  or  ducks  to  run  at  large  within  the  cor- 
porate limits  of  the  City  of  Fort  Wayne. 

545  Sec.  41.  It  shall  be  unlawful  for  any  person 
to  keep  or  maintain  any  coop  in  which  chickens,  ducks  or 
turkeys  are  kept  within  a distance  less  than  fifty  feet  from 
any  dwelling. 

546  Sec.  42.  It  shall  be  unlawful  for  any  person  to 
keep  within  the  limits  of  the  city  more  than  two  hives  of 
bees  upon  any  one  lot  at  a time,  and  said  hives  must  not 
be  nearer  than  fifty  feet  to  any  street,  or  twenty  feet  to 
any  alley  or  division  line  between  lots  or  parts  of  lots  of 
another. 

547  vSec.  43.  It  shall  be  unlawful  for  any  person  to 
interrupt  any  funeral  procession  or  funeral  assembly  or  to 
to  break  into  or  drive  any  horse  or  conveyance  through  any 
funeral  procession,  cases  of  emergency  excepted. 


■i 


367 


DEFINING  certain  OFFENSES. 


548  Sec.  44.  It  shall  be  unlawful  for  any  person  of 
this  city  to  falsely  represent  himself  to  be  an  officer  of  the 
city,  or  shall,  without  being-  duly  authorized,  exercise  or 
attempt  to  exercise  any  of  the  duties,  functions  or  power  of 
said  officers. 

549  Sec.  45.  It  shall  be  unlawful  for  any  person  or 
persons  to  convey  or  transport  over  any  of  the  streets  in 
said  city,  which  may  have  been  or  shall  hereafter  be  ma- 
cadamized or  paved  with  stone  or  other  material,  any  dirt, 
earth,  gravel,  manure,  chips  or  shavings,  or  other  loose 
materials,  unless  the  wago.i  or  other  -adiicle  containm.g 
such  materials  has  a box  with  a tight  bottom  with  the  ends 
thereof  closed,  so  as  to  prevent  said  materials  or  airy  of 
them  from  falling  upon  such  pavement. 

550  Sec.  46.  It  shall  be  unlawful  for  any  person 
to  carry  or  haul  upon,  along  or  over  any  street  or  alley  in 
the  city  any  slops,  manure  or  filth,  unless  it  is  contained  in 
a tight  or  closed  box  or  vehicle,  so  that  the  same  cannot 
fall  upon  anv  such  highwav  of  said  citv. 

551  Sec.  47.  It  shall  be  unlawful  for  any  person  to 
idle  or  loiter  in  any  public  place,  park,  shed,  car,  car  shop, 
outhouse,  street,  alley,  railroad  depot,  switch  house,  or 
place  where  intoxicating  liquors  are  sold  within  this  city. 

552  Sec.  48.  It  shall  be  unlawful  for  any  person  to 
be  found  lying  or  sleeping  in,  along  or  upon  any  public 
street,  alley,  park  or  other  public  place,  or  in  any  shed, 
stable,  outhouse,  building,  warehouse,  railroad  depot  or 
railroad  car,  in  or  about  any  yard,  mill  or  manufactory 
in  said  city,  without  having  the  permission  of  the  owner  or 
occupant  thereof  to  so  slee]i  or  be  in  such  place. 

553  Sec.  49.  It  shall  be  unlawful  for  any  person 
having  the  reputation  of,  or  being  known  as  a confidence 
man,  -thief  or  felon,  to  be  found  in  any  shed,  car,  car  shop, 
outhouse,  railroad  depot,  or  to  be  found  pressing,  forcing 
or  elbowing  his  way  into  any  cowd  or  collection  of  people, 
or  to  interfere  or  attempt  to  interfere  with  the  free  passage 
of  any  person  or  persons  u])on  or  along  any  street,  sidewalk 
or  alley,  or  to  be  found  in  any  public  place  unable  to  give 
a satisfactory  account  of  himself,  within  the  City  of  Fort 
Wavne. 


Personating 
city  officers. 


Hauling  dirt 
and  rubbish 
over  paved 
streets,  when 
unlawful. 


Hauling  slops, 
etc. 


Loitering  on 
street  or  pub-' 
lie  ground 
unlawful. 

Sleeping  in 
sheds,  cars, 
etc,  unlawful, 
when. 


Confidence 
men  in 
crowds  un- 
lawful. 


368 


LAWS  AND  ORDINANCES. 


Gypsies  to  en- 
camp in  city 
limits  unlaw- 
ful. 


Penalty. 


Animals. 


Unlawful  to 
run  at  large 
or  to  stake. 


Public  pound. 


554  Sec.  50.  It  shall  be  unlawful  for  any  company 
or  band  of  gypsies,  or  any  number  of  persons  traveling 
from  place  to  place,  and  who  make  a practice  of  encamping 
in  the  open  air,  to  encamp  anywhere  within  the  City  of 
Fort  Wayne. 

554-A  Sec.  51.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  upon  conviction  shall  be  fined 
in  anv  sum  not  exceeding  one  hundred  dollars  ($100.00.) 

554- B Sec.  52.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

554-C  Sec.  53.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage,  approval  by  Mayor 
and  legal  publication.  [Approved  November  18,  1899.] 

Ordinance  Record  i,  page  344. 


GENERAL  ORDINANCE  NO.  129. 

N.V  ORDINANCE  prohibiting  coivs,  horses  and  other  an- 
imals from  running  at  large  within  the  corporate  limits 
of  the  City  of  Fort  Wayne;  for  the  providing  of  im- 
pounding, keeping,  sale  and  redemption  of;  and  pro- 
viding penalties  for  the  violation  thereof. 

555  Sec.  I.  It  shall  be  unlawful  for  any  person  or 
persons  being  the  owner  or  having  charge  of  any  animal  of 
the  horse,  cattle,  goat,  swine  or  goose  kind,  to  permit  the 
same  to  run  at  large  upon  any  open  lot,  commons,  streets 
alley,  lane  or  public  place  within  the  limits  of  the  City 
of  Eort  Wayne;  that  it  shall  be  unlawful  for  any  person 
to  herd  or  stake  any  such  animals  in  this  section  named, 
upon  any  street,  alley,  uninclosed  lot  or  lands  within  the 
corporate  limits  of  the  city  in  such  a manner  as  will  allow 
said  animal  or  animals  to  go  within  two  hundred  feet  of 
any  occupied  building. 

556  Sec.  2.  There  shall  be  established  within  the 
corporate  limits  of  the  city  a suitable  place  for  the  purpose 
of  impounding  animals  found  running  at  large ; and  the 
Board  of  Public  Works  shall  appoint  a Poundmaster ; said 
Poundmaster  shall  devote  his  time  to  the  duties  herein 


ANIMALS. 


369 


provided,  and  to  such  other  duties  relating  thereto  as  the 
Board  of  Public  Works  may  from  time  to  time  direct,  and 
for  such  purposes  he  is  hereby  vested  with  police  powers. 
He  shall  give  bond  to  the  city  in  the  sum  of  five  hundred 
dollars  ($500.00)  conditioned  for  the  faithful  performance 
of  his  duties,  as  in  this  ordinance  provided ; he  shall  keep 
a book  in  which  he  shall  enter  a full  description  of  every 
animal  impounded  by  him,  and  the  place  from  which  the 
same  is  taken,  the  name  of  the  owner  as  soon  as  ascer- 
tained, and  the  hour  when  impounded.  He  shall  make  a 
full  account  of  all  his  doings  and  of  all  moneys  collected 
by  him  as  such  Poundmaster,  and  shall  pay  the  same  to 
the  Treasurer  of  said  city,  and  the  voucher  of  said  Treasurer 
shall  accompany  said  monthly  reports. 

557  Sec.  3.  Tt  shall  be  the  duty  of  the  Pound- 
master  and  the  members  of  the  police  force  to  take  up  and 
impound  any  animal  found  running  at  large  within  the 
corporate  limits  of  the  city,  or  herded  or  staked  on  any 
street,  alley,  lane,  commons  or  uninclosed  lot  in  a manner 
other  than  is  provided  in  Section  i of  this  ordinance.  Such 
animals  shall  be  impounded  at  such  place  provided  by  the 
city,  and  the  Poundmaster  shall  serve  notice  on  the  owner 
or  owners  personally  if  known,  and  if  the  owner  be  not 
known,  cause  to  be  published  in  the  daily  newspaper  of 
said  city  which  does  the  city’s  printing,  a notice  to  remove 
such  animal  within  ten  days  from  the  said  notification. 
Said  notice  shall  contain  a description  of  the  animal,  in- 
cluding color,  weight,  size,  specie  and  any  artificial  mark 
on  or  attached  to  said  animal,  and  state  the  time  and  place 
where  the  same  will  be  sold  at  public  auction,  unless  sooner 
claimed,  removed  and  charges  thereon  paid  and  shall  be 
preceded  by  the  designation,  ‘impounded  animals,”  in  large 
heavy  type  and  be  signed  by  the  Poundmaster. 

558  Sec.  4.  For  every  animal  so  impounded  the 
owner  or  owners  shall  pay  the  following  charges : 


For  each  horse,  mule,  swine  or  horned  cattle $ .75 

For  each  sheep  or  goat 25 

For  each  goose 10 


Poundmaster, 

duties 

thereof. 


Duty  of 
Poundmaster 
and  police  of- 
ficers to  take 
up  animals 
running  at 
large. 


Notice  to 
owner. 


Publication. 


370 


LAWS  AND  OKDINANCES. 


Penalty  for 
impounding. 


Poundmaster 
interfered 
with,  unlaw- 
ful. 


Penalty. 


I^'or  keeping-  and  feeding  such  animals  so  impounded 


per  day,  the  following  sums : 

For  each  horse,  mule,  swine  or  horned  cattle $ .40 

For  each  sheep  or  goat 15 

For  each  goose 06 


And  no  animal  shall  be  released  by  the  said  Pound- 
master  without  the  charges  and  penalties  having  been  paid, 
which  moneys,  when  received,  shall  be  paid  to  the  City 
Treasurer,  who  shall  receipt  for  the  same. 

559  Si'X.  5.  It  shall  be  unlawful  for  any  person  or 
persons  to  interfere  with  the  Poundmaster  or  with  any 
person  authorized  to  impound  animals  under  this  ordinance 
while  in  discharge  of  their  respective  duties,  or  to  release 
or  attempt  to  release  any  animals  being  taken  to  the  pound, 
or  thereafter  impounded,  or  in  custody  of  the  Pound- 
master  or  other  person  or  persons  authorized  to  impound 
such  animals. 

560  Sec.  6.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  ordinance,  upon  conviction,  shall  be 
fined  in  any  sum  not  to  exceed  one  hundred  dollars 
(vSt  00.00. ) 

560-A  Sec.  7.  All  ordinances  and  ])arts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

560- B Sec.  8.  This  ordinance  to  be  in  full  force  and 
effect  from  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  October  28,  1899.] 

Ordinance  Record  i,  page  309. 


Cigarettes, 
unlawful  to 
sell  without 
license. 


GENERAL  ORDINANCE  NO.  53. 

AN  ORDINANCE  to  license,  tax  and  regulate  the  sale  of 
cigarettes  within  the  City  of  Fort  Wayne. 

561  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  after  August  30th,  1896, 
it  shall  be  unlawful  to  engage  in  the  business  of  selling 
cigarettes  or  to  sell  or  give  away  any  cigarettes  within  the 
City  of  Eort  Wayne  without  having  a license  therefor.  [As 
amended  September  15,  1896.] 


FIREARMS. 


371 


Fee. 


562  Sec.  2.  The  price  of  such  license  shall  be  five 
hundred  dollars  ($500.00)  per  year,  payable  in  advance. 

563  Sec.  3.  Any  person  desiring  such  license  shall 
pay  to  the  City  Treasurer  the  price  therefor,  and  on  such 
payment  it  shall  be  the  duty  of  the  Treasurer  to  issue  to 
such  person  a receipt,  showing  the  amount  and  date  of 
payment  and  the  purpose  for  which  the  same  was  paid.  On 
presentation  of  such  receipt  to  the  Comptroller  he  shall 
thereupon  issue  a license  for  the  period  of  one  year.  No 
license  shall  be  issued  for  a period  less  than  one  year,  and 
no  license  shall  be  transferable. 

564  Sec.  4.  Any  person  who  shall  engage  in  the 
business  of  selling  cigarettes,  or  who  shall  sell  any  cigar- 
ettes within  the  said  city  without  having  a license  therefor 
after  said  date,  or  who  shall  violate  any  of  the  provisions 
of  this  ordinance,  shall  be  fined  in  any  sum  not  less  than 
one  dollar  ($1.00)  or  more  than  one  hundred  dollars 
($100.00.)  [Approved  June  12,  1896.] 

Ordinance  Record  i,  page  149. 


GENERAL  ORDINANCE  NO.  138. 

AN  ORDIN ANCE  concerning  the  sale  of  hrcarnis  or  guns 
or  other  devices  for  propelling  missiles,  to  minors,  pro- 
viding penalties. 

565  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  it  shall  be  and  is  hereby 
declared  to  be  unlawful  for  any  person  to  sell  or  give  away 
within  the  city,  to  any  minor,  any  rifle  (or  gun  for  shooting 
powder  or  ball,  or  any  air  gun  or  air  rifle)  or  other  gun. 
rifle  or  device  for  shooting  and  propelling  missiles.  And 
it  shall  be  unlawful  for  any  minor  to  have  in  his  possession 
any  such  gun,  rifle  or  device  on  any  of  the  public  streets, 
allevs,  lanes,  avenues,  parks  or  commons  of  said  citv. 

566  Sec.  2.  Any  person  who  shall  violate  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
fined  in  any  sum  not  more  than  twenty-five  dollars  ($25.00.) 

566-A  Sec.  3.  This  ordinance  to  be  in  full  force  and 


Duty  of  City 
T reasurer. 

Comptroller  to 
issue  license. 


Term  of 
license. 


Penalty. 


Firearms. 


Minors,  unlaw- 
ful to  sell  or 
give  to. 

Penalty. 


372 


I.AWS  AND  ORDINANCES. 


Sprinkling 

crossings. 


Penalty. 


Throwing 
weight  on 
sidewalk  pro- 
hibited. 


Cutting  into 
sidewalks 
prohibited. 


effect  from  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  October  28,  1899.] 
Ordinance  Record  i,  page  335. 


GENERAL  ORDINANCE  NO.  9. 

AN  ORDINANCE  prohibiting  persons  from  sprinkling 
street  erossings  and  fi.ving  a penalty  for  the  violation  of 
the  same. 

567  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for  any 
person  or  persons  to  sprinkle  paved  street  crossings  in  the 
city. 

567-A  Sec.  2.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  fined  in  any  sum  not 
exceeding  ten  dollars  ($10.00.) 

567-B  Sec.  3.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by 
Mayor  and  its  publication  in  some  newspaper  of  general 
circulation  in  said  city  once  each  week  for  two  successive 
weeks.  [Approved  August  29,  1894.] 

Ordinance  Record  i,  page  76. 


GENERAL  ORDINANCE  NO.  120. 

AN  ORDINANCE  to  prohibit  the  injuring  of  any  improved 
sidezvalks  and  matters  eonneeted  therezvith. 

568  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person  to  throw,  hurl  or  cast  any  hitching  weight  or 
block,  or  any  hard  or  heavy  material,  or  object,  on  or  upon 
the  surface  of  any  cement,  brick  or  other  smooth  surface, 
improved  sidewalk,  in  any  street  or  alley  in  said  city  in 
such  a manner  as  to  injure  the  same. 

569  Sec.  2.  It  shall  be  unlawful  for  any  person  to 
break,  cut  into  or  in  any  way  injure  the  surface  of  any 
cement,  brick  or  other  smooth  surface,  improved  sidewalk 
in  any  street  or  alleys  in  said  city,  without  first  having  ob- 
tained permission  from  the  Board  of  Public  Works. 


traction  and  other  engines. 


373 


570  Sfx'.  3.  Any  person  violating  the  provisions  of 
this  ordinance  shall,  on  conviction,  he  fined  in  any  sum  not 
exceeding-  fiftv  dollars  ($50.00.) 

570-A  Sec.  4.  This  ordinance  to  lie  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  Mayor  and 
legal  publication.  (Apjiroved  May  27,  1899.] 

Ordinance  Record  i,  page  279. 


AN  ORDINANCE  regulating  the  use  of  bicycles  and  tricy- 
cles upon  the  streets  of  Port  Wayne,  and  providing 
lights  therefor. 

571  Sec.  I.  Be  it  ordained  by  the  Coninwn  Council 
of  the  City  of  Fort  Wayne  (two-thirds  of  all  the  members 
concurring),  That  it  shall  be  unlawful  for  any  person  or 
persons  to  ride  in  or  upon  any  street,  within  the  limits  of 
the  City  of  Fort  Wayne,  upon  any  bicycle  or  tricycle,  be- 
tween the  hours  of  eight  o’clock  p.  m.  and  4 o’clock  a.  m. 
without  having  on  said  bicycle  or  tricycle  a lighted  colored 
lamp  or  lantern,  to  warn  the  traveling  public  of  the  ap- 
proach of  said  vehicle. 

572  Sec.  2.  Any  person  violating  any  provisions  of 
this  ordinance  shall  forfeit  and  pay  a fine  of  not  more  than 
one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  in  the  City  of  Fort 
Wayne  this  ist  day  of  July,  1892. 

C.'  A.  ZOLLINGER,  Mayor. 
Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


GENERAL  ORDINANCE  NO.  132. 

AN  ORDINANCE  prohibiting  traction  and  other  engines 
or  boilers  from  being  propelled  over  and  along  certain 
streets  of  the  City  of  Fort  Wayne,  and  providing  pen- 
alties for  the  violation  thereof. 

573  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person,  firm,  company  or  corporation  to  propel  or  cause 


Penalty. 


Bicycles  and 
tricycles. 


Colored 
lamps  re- 
quired. 

Penalty. 


Traction 


374 


LAWS  AND  ORDINANCES. 


streets,  pro- 
hibited, 
pelled  by 
steam  over 
engine  pro- 

Engine  pro- 
pelled by 
steam  or 
horse  power 
over  streets, 
without 
smooth  tires, 
prohibited. 


Penalty. 


Streets  and 
alleys. 

Burning 
leaves  pro- 
hibited. 


Penalty. 


to  be  propelled,  by  steam,  over  and  along  any  street  or  alley 
of  the  City  of  Fort  Wayne,  any  traction  or  other  engine  and 
boiler ; that  it  shall  likewise  be  unlawful  for  any  person, 
firm,  company  or  corporation  to  propel  or  cause  to  be  pro- 
pelled by  steam  or  horse  power,  over  and  along  any  brick, 
sheet  or  block  asphalt  street,  any  traction  or  other  engine 
and  boiler  without  the  tires  of  the  wheels  thereon  are 
smooth  ; Provided,  That  this  ordinance  shall  not  be  con- 
strued to  prevent  the  use  of  steam  rollers  or  other  apparatus 
employed,  under  contract  with  the  City  of  Fort  Wayne, 
for  the  improvement  or  repair  of  any  street  or  alley  of  said 
city,  and,  provided,  further,  that  this  ordinance  shall  not 
apply  to  or  be  held  to  limit,  modify  or  prevent  the  use  of 
steam  fire  engines  or  other  apparatus  employed  by  the  City 
of  Fort  Wayne  in  connection  with  any  department  of  public 
service. 

573-A  Sec.  2.  That  any  person,  firm,  company  or 
corporation  who  shall  violate  any  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
ten  dollars  ($10.00)  nor  exceeding  one  hundred  dollars 
($100.00.) 

573-B  Sec.  3.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  August  12,  1899.] 

Ordinance  Record  i,  page  321. 


AN  ORDINANCE  prohibiting  the  burning  of  leaves  or 
other  rubbish  on  streets  improved  either  by  asphalt  or 
cedar  block. 

574  Sec.  I.  Be  it  ordained  by  the  Coninwn  Council 
of  the  City  of  Fort  Wayne  (two-thirds  of  all  the  members 
thereof  concurring).  That  it  shall  be  unlawful  for  any  per- 
son or  persons  to  burn  or  set  fire  to  leaves  or  any  other 
rubbish  on  streets  improved  either  by  asphalt  or  cedar 
block. 

574-A  vSec.  2.  Any  person  violating  the  above  ordi- 
nance shall  be  fined  not  to  exceed  one  hundred  dollars 
($100.00.) 


f 


f 


rvi" 


'%r 


y 


? 


■y-. 


1, 


JUNK  SHOPS  AND  SECOND-HAND  STORES. 


375 


Done  at  the  Council  Chambers  of  the  City  of  Fort 
Wayne  this  24th  day  of  November,  1891. 

C.  A.  ZOLLINGER,  Mayor. 
Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


GENERAL  ORDINANCE  NO.  65. 

AN  ORDINANCE  prohibiting  the  advertisement  of  any 
commercial  business  by  crying  aloud  or  carrying  any 
sign  or  banner  over  and  along  the  streets  in  the  City  of 
Fort  Wayne. 

575  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for  any 
person  or  persons  to  cry  aloud  upon  the  streets  or  in  the 
doorways  of  any  place  of  business  along  the  street  adver- 
tising any  commercial  business  whatever,  or  carry  or  have 
carried  along  and  over  the  streets  of  said  city,  any  signs, 
banners  or  displays  of  any  kind  or  description  intended  to 
advertise  any  commercial  business. 

576  Sec.  2.  Any  person  or  persons  violating  this 
ordinance  or  any  provision  thereof  shall  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  ($100.00.) 
[Approved  January  15,  1897.] 

Ordinance  Record  i,  page  178. 


GENERAL  ORDINANCE  NO.  56. 

AN  ORDINANCE  regulating  the  running  of  junk  shops 
and  second-hand  stores  zvithin  the  corporate  limits  of 
the  City  of  Fort  Wayne. 

577  Sec.  I.  No  person  or  persons  shall  run  or  carry 
on  a second-hand  store  or  junk  shop  within  the  corporate 
limits  of  the  City  of  Eort  Wayne  without  having  first  ob- 
tained a permit  so  to  do,  under  a penalty  of  any  sum  not 
exceeding  one  hundred  dollars  ($100.00.) 

578  Sec.  2.  The  Mayor  (Comptroller)  is  herebv 
authorized  to  grant  a permit  to  any  person  or  persons  who 
may  apply  to  carry  on  a second-hand  store  or  junk  sho]:> 


Crying  aloud 
on  streets, 
advertising 
goods,  pro- 
hibited. 


Violation, 

penalty. 


Second-hand 

and 

. junk  shop. 

License. 

Penalty. 

Comptroller 
grant  permit. 


376 


LAWS  AND  ORDINANCES. 


Bond  required. 


Period  of  per- 
mit. 


Register  of 
permit  kept 
by 

Comptroller. 


License  to 
keep  a record 
of  goods 
bought. 


How  kept. 


Failure  to 
keep,  penalty. 

Book  open  to 
inspection  by 
Mayor  and 
Police. 


within  the  corporate  limits  of  the  City  of  Fort  Wayne,  on 
the  following  conditions : The  person  or  persons  so  apply- 

ing shall  execute  a bond  to  the  City  of  Fort  Wayne  in  the 
sum  of  five  hundred  dollars  ($500.00)  conditioned  that 
the  said  applicant,  who  will  in  every  particular  conform 
to  the  requirements  of  this  ordinance,  and  with  the  require- 
ments and  provisions  of  any  ordinance  hereafter  passed 
concerning  junk  shops  and  second-hand  stores. 

579  Sec.  3.  All  permits  issued  under  this  ordi- 
nance shall  be  for  the  period  of  one  year. 

580  Sec.  4.  The  Comptroller  shall  keep  a register 
of  all  permits  granted  under  this  ordinance,  in  which  he 
shall  record  the  names  of  the  persons  obtaining  permits, 
the  time  of  issuing  and  the  place  of  business  of  the  persons 
to  whom  such  permits  were  granted. 

581  Sec.  5.  Every  person  to  whom  a permit  is 
granted  under  this  ordinance  shall  keep  at  his  place  of 
business  a substantial  bound  book,  in  which  he  shall  enter 
in  writing  a description  of  all  property  bought,  the  time 
when  it  was  received  and  particularly  mentioning  any 
prominent  or  descriptive  marks  that  may  be  on  such  prop- 
the  person  or  persons  from  whom  it  was  purchased,  which 
erty  purchased,  together  with  the  name  and  residence  of 
said  book  shall  be  kept  clean  and  legible,  and  no  entry 
therein  shall  be  erased,  obliterated  or  defaced,  and  the  en- 
tries therein  shall  be  made  with  ink.  Any  person  who  has 
obtained  a permit  failing  to  comply  with  any  of  the  pro- 
visions of  this  section  shall  forfeit  to  said  city  any  sum 
not  exceeding  one  hundred  dollars  ($100.00.) 

582  Sec.  6.  Any  person  to  whom  a permit  is 
granted  as  aforesaid  shall  during  the  ordinary  hours  of 
business,  when  requested  by  the  Mayor,  Superintendent  of 
Police  or  any  police  officer  of  the  city,  submit  and  exhibit 
such  book  as  in  fifth  section  provided  for  to  the  inspection 
of  said  Mayor  or  officer  of  the  Police  Department,  and 
shall  exhibit  any  pro])erty  purchased  in  said  business  to 
the  inspection  of  said  Alayor  or  officer  of  the  Police  De- 
partment. Any  ])erson  who  has  obtained  a permit  failing 
to  comply  with  any  of  the  provisions  of  this  section  shall 


POLES  AND  WIRES. 


377 


forfeit  to  said  city  any  sum  not  exceeding  one  hundred 
dollars  ($100.00.) 

583  Sec.  7.  No  person  or  persons  receiving  a per- 
mit under  this  ordinance  shall  purchase  within  the  line  of 
his  business  any  article,  property  or  thing  from  any  minor, 
or  any  article,  property  or  thing  from  any  person,  the  own- 
ership of  which  property,  article  or  thing  is  in  or  claimed 
by  any  minor,  the  said  person  or  persons  purchasing,  know- 
ing said  article,  property  or  thing  to  be  owned  or  claimed 
by  such  minor.  Any  person  who  has  obtained  a permit 
failing  to  comply  with  any  of  the  provisions  of  this  section, 
shall  forfeit  to  said  city  any  sum  not  exceeding  one  hundred 
dollars  ($100.00.) 

584  Sec.  8.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  ordinance,  or  of  any  ordinances  here- 
after passed  concerning  the  regulation  of  second-hand 
stores  and  junk  shops,  shall  be  subject,  in  the  discretion 
of  the  Mavor,  to  have  his  permit  revoked. 

584-A  Sec.  9.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  June  29,  1896.] 

Ordinance  Record  i,  page  157. 


Not  allowed  to 
purchase 
goods  of 
minors. 


Violation  of 
ordinance, 
penalty. 


GENERAL  ORDINANCE  NO.  81. 

AN  ORDIN ANCE  prohibiting  any  person,  company  or  cor- 
poration, or  any  person  acting  for  any  person,  company 
or  corporation,  to  erect  or  niai)itain  any  pole  or  poles 
over  and  along  any  street  or  alley  within  the  corporate 
limits  of  the  city,  or  to  string  wires  of  any  kind  or  for 
any  purpose  over  and  along  such  streets  and  alleys, 
without  first  obtaining  from  the  Common  Council  of 
the  City  of  Fort  JVayne  a permit  or  franchise  to  so  do, 
and  providing  a penalty  for  the  violation  of  the  same. 

585  Sec.  I.  Be  it  ordained  by  the  Common  Council  Poles  and 
of  the  City  of  Fort  JVayne,  Ind.,  That  it  shall  be  unlawful  wires  on 
for  any  person,  company  or  corporation,  or  any  person 

acting  for  any  person  or  corporation,  to  erect  or  maintain  when 

any  pole  or  poles  over  and  along  any  street  or  alley  within 


378 


LAWS  AND  ORDINANCES 


Violation 

penalty. 


Circus,  with 
parades  con- 
taining 
certain 
animals,  al- 
lowed, when. 


Bond. 


Violation, 

penalty. 


the  corporate  limits  of  the  City  of  Fort  Wayne,  or  string 
wires  of  any  kind,  or  for  any  purpose,  over  and  along  such 
streets  without  such  persons,  company  or  corporation  first 
obtaining  a permit  or  franchise  from  the  Common  Council 
of  said  city  so  to  do. 

586  Sec.  2.  Any  person,  company  or  corporation,' 
or  any  person  acting  for  such  person,  company  or  cor- 
poration, violating  any  of  the  provisions  of  this  ordinance 
shall  be  fined  in  any  sum  not  to  exceed  one  hundred  dollars 
($ioo.oo)  ; and  each  day  such  pole  or  poles  unlawfully  stand 
or  wires  remain  unlawfully  strung  shall  constitute  a sep- 
arate offense. 

586-A  Sec.  3.  This  ordinance  shall  be  in  full  force 
and  effect  on  and  after  its  passage  and  approval  and  publica- 
tion. [Approved  November  23,  1897.] 

Ordinance  Record  i,  page  202. 


GENERAL  ORDINANCE  NO.  78. 

AN  ORDINANCE  requiring  circuses,  shozvs,  menageries 
parading  the  streets  of  the  city  zvith  elephants,  camels, 
dromedaries  or  steam  calliopes  to  give  bonds,  and  pro- 
viding a penalty  for  the  violation  thereof. 

587  Sec.  I.  Be  it  enacted  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  on  and  after  the  passage 
of  this  ordinance  it  shall  be  unlawful  for  any  show,  circus 
or  menagerie  to  walk  over  and  along  the  streets  in  the  City 
of  Fort  Wavne  in  its  parade,  elephants,  camels,  dromedaries 
or  other  animals  liable  to  frighten  horses,  or  to  make  use 
of  a calliope  in  the  same  manner  without  first  executing 
to  the  City  of  Fort  Wayne  a bond  in  the  sum  of  ten  thou- 
sand dollars  ($10,000.00),  with  resident  freehold  security, 
indemnifying  said  city  against  any  loss  or  damage  or  any 
judgment  that  might  he  recovered  against  it  by  any  person 
who,  without  negligence,  had  received  personal  injury  by 
or  in  consequence  of  said  parade. 

588  Sec.  2.  Anyone  violating  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  pay  a fine  of  not 


CURFEW. 


379 


less  than  two  hundred  dollars  ($200.00)  or  more  than 
five  hundred  dollars  ($500.00.) 

588  1-2  Sec.  3.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  September  14,  1897.] 

Ordinance  Record  i,  page  199. 


AN  ORDIN ANCE  to  protect  the  public  parks  of  the  city. 

589  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort'  Wayue,  That  it  shall  be  unlawful  for 
any  person  to  knowingly,  purposely  or  wantonly,  to  walk, 
stray  or  lounge  upon  the  grass  plats  or  flower  beds  of  any 
of  the  public  parks  of  the  city,  or  to  pluck  flowers  from 
or  in  any  manner  injure  or  molest  any  tree,  plant  or  shrub 
growing  thereon. 

Any  person  violating  any  provisions  of  this  ordinance 
shall,  upon  conviction,  forfeit  and  pay  a fine  to  said  city  of 
not  more  than  one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  9th  day  of  April,  1889. 

CHARLES  F.  MUHLER,  Mayor. 

Attest : W.  W.  ROCKHILL,  City  Clerk. 


GENERAL  ORDINANCE  NO.  92. 

AN  ORDINANCE  prohibiting  children  under  the  age  of 
fifteen  years  to  be  found  upon  any  of  the  public  streets, 
alleys  or  public  grounds  of  the  city  betzveen  the  hours 
of  p o'clock  P.  M.  and  4 o'clock  A.  M.,  standard  time, 
from  the  first  day  of  April  to  the  first  day  of  November, 
and  from  8 o'clock  P.  M.  to  4 o'clock  A.  M.  from  the 
first  day  of  November  to  the  first  day  of  April  of  each 
year,  and  providing  a penalty  for  the  violation  thereof. 

590  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  hid..  That  it  is  hereby  made  un- 
lawful for  any  person  under  fifteen  years  of  age  to  be  or 
remain  in  or  upon  any  of  the  streets,  alleys  or  public  grounds 
in  the  City  of  Eort  Wayne  at  night  after  the  hour  of  9 


Public  parks, 
injury  to. 


Penalty. 


Curfew. 

Age  of  chil- 
dren 

prohibited  ort 
streets  after 
certain  hours 


380 


LAWS  AND  ORDINANCES. 


Parent  or 
guardian  per- 
mitting, etc. 


Duty  of  police. 


Parents  to  be 
notified  in 
case  of  arrest 


Duty  of  Mayor 
to  investi- 
gate, etc. 


o’clock  p.  M.  and  4 o’clock  a.  m.,  standard  time,  from  the 
first  day  of  April  to  the  first  day  of  November,  and  from 
8 o’clock  p.  M.  to  4 o’clock  a.  m.  from  the  first  day  of 
November  to  the  first  day  of  April  of  each  year,  unless  such 
person  is  accompanied  by  their  parent,  guardian  or  other 
person  having  the  legal  custody  of  such  minor  person,  or  is 
in  performance  of  an  errand  or  duty  directed  by  such 
parent,  guardian  or  other  person  having  the  care  and  cus- 
tody of  such  minor  person,  or  whose  employment  makes  it 
necessary  to  be  upon  such  streets,  alleys  or  public  grounds 
during  the  night  time  after  such  specified  hours. 

591  Sec.  2.  It  is  hereby  made  unlawful  for  any  per- 
son, guardian  or  other  person  having  the  legal  care  and 
custody  of  any  person  under  fifteen  years  of  age  to  allow 
or  permit  any  child,  ward  or  any  person  under  such  age 
while  in  his  legal  custody,  to  go  or  be  in  or  upon  any  of 
the  streets,  alleys  or  public  grounds  of  said  city  within  the 
time  prohibited  in  Section  i of  this  ordinance,  unless  there 
exists  reasonable  necessity  therefor. 

592  Sec.  3.  Each  member  of  the  police  force,  while 
on  duty,  is  hereby  authorized  to  arrest  without  warrant 
any  person  wilfully  violating  the  provisions  of  Section  i 
of  this  ordinance  and  retain  such  person  for  a reasonable 
time,  in  which  complaint  can  be  made  and  a warrant  issued 
and  served.  Be  it  further  ordained,  that  no  child  or  minor 
person  arrested  under  this  ordinance  shall  be  placed  in 
confinement  until  their  parents  have  been  notified  and  their 
wishes  ascertained  and  they  shall  have  refused  to  be  held 
responsible  for  the  observance  of  this  ordinance  by  said 
minor  person. 

593  Sec.  4.  It  shall  be  the  duty  of  the  Mayor,  upon 
the  arrest  of  any  child  or  minor  person,  where  the  parents 
or  guardian  have  refused  to  become  responsible  for  said 
minor  person  for  violation  of  the  provisions  of  Section  i 
of  this  ordinance,  to  inquire  into  the  facts  of  said  arrest 
and  the  condition  of  circumstances  of  such  child  or  minor 
person,  and  if  it  shall  appear  that  such  child  or  minor 
person,  for  want  of  proper  parental  care,  is  growing  up 
in  mendicancy  or  vagrancy  or  incorrigible,  cause  the  proper 


PETROLEUM. 


381 


proceedings  to  be  had  and  taken  as  authorized  and  pro- 
vided bv  law  in  such  cases. 

594  Sec.  5.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  be  fined  in 
anv  sum  not  exceeding  twenty-five  dollars  ($25.00.) 

594-A  Sec.  6.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage,  approval  and  publica- 
tion according  to  law.  [Approved  September  13,  1898.] 
Ordinance  Record  t,  page  225. 


AN  ORDINANCE  regulating  the  storage  of  petroleum  and 

other  dangerous  liquids. 

(Approved  March  11,  1887.)  (Amended  April  24,  1888.) 

Chapter  37.  Rev.  Ord.  1887. 

595  Sec.  I.  It  shall  be  unlawful  for  any  person 

to  store  or  keep  for  sale,  within  the  corporate  limits  of 
the  City  of  Fort  Wayne,  any  crude  petroleum,  refined 
petroleum,  benzine,  camphene,  spirit  gas,  burning  fluid  or 
spirits  of  turpentine,  exceeding  a quantity  of  three  barrels 
of  fifty  gallons  each ; and  it  shall  be  unlawful  to  keep  for 
sale  or  in  storage  any  refined  carbon  oil,  kerosene,  or  other 
product  for  illuminating  purposes,  of  coal,  rock  or  earth 
oils,  except  such  refined  oils  as  will  stand  a fire  test  of  no 
degrees  of  Fahrenheit : and  it  shall  be  unlawful  to  keep 
any  quantity  of  said  articles  exceeding  one  barrel  of  fifty 
gallons  in  any  part  of  the  building  except  the  cellar,  the 
floor  of  which  shall  be  five  feet  below  the  grade  of  the 
street  in  front  of  said  building;  and  no  crude  petroleum, 
gasoline,  naptha,  benzine,  carbon  oil,  camphine,  spirit  gas, 
burning  fluid  or  spirits  of  turpentine,  shall  be  kept  or 
stored  in  front  of  any  building,  or  on  any  street,  alley,  lot 
or  sidewalk  for  a longer  time  than  is  sufficient  to  receive  in 
store,  or  in  delivering  the  same : Provided,  Such  time 

shall  not  exceed  six  hours. 

596  Sec.  2.  It  shall  be  unlawful  for  any  person, 
company  or  corporation  to  use  any  building  or  premises 
within  the  city  limits  or  within  the  distance  of  one  mile 
therefrom,  for  the  storing,  keeping  or  distribution  of  any 


Penalty. 


Petroleum, 
etc,  storage 
of. 


Quantity  to  be 
kept. 


Where  kept. 


Storing  of, 
where. 


Not  to  handle 
with  lamp. 


Penalty. 


Bridges,  speed 
in  driving 
over. 


Number  of 
cattle  driven 
over  bridge. 


Obstruction 
of  bridges. 


382  LAWS  AND  ORDINANCES. 

of  the  articles  or  goods  named  in  the  first  section  of  Chapter 
37  of  the  revised  ordinances  of  the  City  of  Fort  Wayne, 
approved  March  ii,  1887,  in  greater  quantities  than  herein 
named:  Provided,  That  the  Common  Council  may,  in  its 

discretion,  perinit  such  use  without  the  city  limits,  but 
within  one  mile  thereof,  when  it  shall  be  made  to  appear  to 
the  satisfaction  of  the  Common  Council  by  the  plan  of  such 
building  or  premises,  its  location  with  reference  to  other 
buildings  and  management,  that  the  same  would  not  be 
dangerous  to  life  or  property.  [As  amended  April  24, 
1888.] 

597  Sec.  3.  No  person  shall  draw  or  handle  any 
oil  or  fluid  named  in  the  first  Section  of  this  chapter  by 
lamp  or  candle. 

598  Sec.  4.  Any  person  violating  any  provisions  of 
this  chapter  shall,  upon  conviction,  forfeit  and  pay  a fine 
of  not  more  than  one  hundred  dollars  ($100.00.) 

598-A  Sec.  5.  This  ordinance  shall  be  in  force  and 
take  eft’ect  from  and  after  its  passage. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wavne,  Indiana,  this  24th  day  of  April,  1888. 

CHARLES  MUHLER,  Mayor. 

Attest : W.  W.  ROCKHILL,  City  Clerk. 


GENERAL  ORDINANCE  NO.  151. 

AN  ORDINANCE  regulating  the  use  of  bridges  zvithin  the 
eorporate  limits  of  the  City  of  Fort  Wayne,  and  pro- 
viding a penalty  for  the  violation  of  the  same. 

599  Sec.  I.  No  person  shall  drive,  ride  or  lead  any 
l;orse,  horses  or  other  animal  or  animals  over  and  upon 
any  public  bridge  within  the  corporate  limits  of  the  city 
faster  than  a walk. 

600  Sec.  2.  No  person  or  persons  shall  drive  or  as- 
si'st  in  driving  on  or  across  any  of  the  bridges  within  the 
limits  of  the  city  to  exceed  eight  head  of  cattle  or  horses 
at  any  one  time  in  a drove. 

601  Sec.  3.  It  shall  be  unlawful  for  any  person  or 
persons  to  unnecessarily  or  wilfully  remain  or  stop  with  a 


PUBLIC  HALLS. 


383 


team  or  teams  of  horses,  oxen,  wagon,  sleigh,  sled  or  any 
other  vehicle  whatever  upon  the  bridges  in  the  City  of  Fort 
Wavne,  or  in  or  upon  the  approach  of  such  bridges. 

602  Sec.  4.  It  shall  be  the  duty  of  all  drivers  or 
persons  in  charge  of  any  wagon,  dray,  cart  or  vehicle  of 
any  kind  to  keep  to  the  right  when  crossing  the  bridges  of 
said  citv. 

603  Sec.  5.  No  person  shall  cut,  deface  or  in  any 
manner  cut,  mutilate  the  railing,  floor  or  any  part  of  such 
bridge  or  bridges,  or  of  any  appurtenances  thereto,  or  com- 
mit anv  nuisance  on  or  from  such  bridge  or  bridges. 

604  Sec.  6.  The  following  ordinance  is  hereby  re- 
pealed, to-wit : Chapter  9 of  the  Revised  Ordinances  of 

the  Citv  of  Fort  Wavne,  approved  March  ii,  1887. 

605  Sec.  7.  Any  person  or  persons  violating  any 
provision  of  this  ordinance  shall,  upon  conviction,  be  fined 
in  any  sum  not  less  than  one  dollar  ($1.00)  nor  more  than 
fiftv  dollars  ($50.00.) 

605-A  Sec.  8.  This  ordinance  to  be  in  full  force 
and  efifect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  January  26,  1900.] 

Ordinance  Record  i,  page  375. 


AN^  ORDINANCE  relating  to  the  use  of  public  halls. 

606  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne,  That  it  shall  be  unlawful  for 
any  owner,  lessee,  manager  or  other  person  in  charge  of 
any  building  or  room  within  the  limits  of  said  citv,  to  give 
or  allow  to  be  given  any  exhibition,  show  or  entertainment 
of  any  kind  in  any  such  building  or  room  with  the  ingress 
or  exit  doors  of  such  building  or  room  in  any  manner  fas- 
tened, bolted  or  locked  during  any  such  exhibition,  show 
or  entertainment,  or  to  keep  such  doors  in  any  other  man- 
ner during  such  exhibition,  show  or  entertainment  as  would 
render  exit  at  any  moment  difficult  or  hazardous  in  case  of 
fire  or  panic. 

606-A  Sec.  2.  Any  person  violating  any  provisions 
of  this  ordinance  shall,  upon  conviction,  forfeit  and  pay  a 


To  keep  to  the 
right 

on  bridges. 


Defacing 
structure  of 
bridges. 


Certain 

ordinances 

repealed. 

Penalty. 


Public  halls, 
shows  and 
entertain- 
nnents. 


Doors,  not 
to  be 
fastened 
during  exhi- 
bition. 


Penalty. 


384 


LAWS  AND  ORDINANCES. 


False  alarm. 


Making  keys 
for  boxes  un- 
lawful. 


To  have  pos- 
session of 
keys  for 
boxes,  who. 


Refusal  to  de- 
liver up  keys 
when  de- 
manded, 
unlawful. 


fine  to  said  city  of  not  more  than  one  hundred  dollars 
($100.00.) 

607  Sec.  3.  This  ordinance  shall  take  effect  and  be 
in  force  from  and  after  its  due  publication. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  23rd  day  of  August,  1887. 

^ CHARLES  F.  MUHLER,  Mayor. 
Attest : W.  W.  ROCKHILL,  City  Clerk. 


GENERAL  ORDINANCE  NO.  no. 

AN  ORDINANCE  regulating  the  use  of  the  fire  alarm,  tel- 
egraph and  the  boxes  eonnected  therewith,  and  prohibit- 
ing the  giving  of  false  alarms  of  fire. 

608  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person,  knowingly,  to  give,  or  cause  to  be  given,  any 
false  alarm  of  fire  by  means  of  any  telegraph  box  connected 
to  or  with  the  fire  alarm  telegraph. 

609  Sec.  2.  It  shall  be  unlawful  for  any  person  to 
make,  or  cause  or  permit  to  be  made,  any  key  or  keys  of 
or  for  any  fire  engine,  hose  or  truck  house  or  fire  alarm 
telegraph  box,  except  upon  the  written  order  and  consent 
of  the  Chief  of  the  Fire  Department. 

610  Sec.  3.  It  shall  be  unlawful  for  any  person  or 
persons  (excepting  such  persons  as  may  be  granted  writ- 
ten permission  by  the  Chief  of  the  Fire  Department)  to 
have  or  keep  in  their  possession  any  key  or  keys  of  or  to 
any  fire  engine,  hose  or  truck  house,  or  fire  alarm  telegraph 
box. 

611  Sec.  4.  It  shall  be  unlawful  for  any  person,  to 
whom  has  been  intrusted,  or  who  shall  hereafter  be  in- 
trusted with,  the  care  or  keeping  of  any  key  to  any  fire 
alarm  telegraph  box,  to  fail  or  refuse  to  surrender  the  pos- 
session of  the  same  to  the  Chief  of  the  Fire  Department, 
whenever  such  person  shall  remove  or  change  his  place  of 
residence. 

612  Sec.  5.  It  shall  be  unlawful  for  any  person  to 
fail  or  refuse  to  surrender  the  possession  of  any  key  or 


/ 


PUBLIC  DRINKING  FOUNTAIN.  385 

keys  to  any  fire  alarm  telegraph  box  upon  the  demand  of 
the  Chief  of  the  Fire  Department  or  order  of  the  Fire 
Board. 

613  Sec.  6.  It  shall  be  nnlawfnl  for  any  person,  ex- 
cepting the  members  of  the  Fire  Department  or  police 
force,  to  cut,  remove  or  in  any  manner  interfere  with  or 
disturb  any  fire  alarms  or  police  telegraph  wire  or  post  be- 
longing to  the  City  of  Fort  Wayne. 

614  Sec.  7.  All  ordinances  or  parts  of  ordinances 
in  conflict  with  this  ordinance  are  hereby  repealed. 

614-A  Sec.  8.  Any  person  violating  any  of  the  pro- 
visions of  the  ordinance  shall  be  fined  in  any  sum  not  ex- 
ceeding* fifty  dollars  ($50.00.) 

614-B  Sec.  9.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  25,  1899. J 

Ordinance  Record  i,  page  263. 


GENERAL  ORDINANCE  NO.  104. 

AN  ORDINANCE  prohibiting  persons  from  zvatering  dis- 
eased horses,  eoivs  and  other  animals  at  any  zvell  or 
piihlie  drinking  fountain  of  the  City  of  Fort  Wayne. 

615  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person  or  persons  to  water  any  horse  or  hordes  or  any 
other  animal  that  is  afflicted  with  the  glanders,  nasal 
catarrh,  or  any  other  disease  of  contagious  character,  at 
any  public  drinking  fountain  within  the  corporate  limits  of 
the  city.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  in  any  sum  not  exceeding  one  hun- 
dred dollars  ($100.00.) 

615-A  Sec.  2.  This  ordinance  to  be  in  force  and 
effect  on  and  after  its  passage,  approval  bv  the  Mavor  and 
legal  publication.  [Approved  April  ii,  1899.] 

Ordinance  Record  i,  page  252. 


GENERAL  ORDINANCE  NO.  49. 

616  Sec.  i.  Be  it  ordained  by  the  Common  Conneil 


Disturbing 
fire  alarms, 
police  wires, 
unlawful. 


Penalty. 


Public  drink- 
ing fountains. 


Watering  dis- 
eased horses 
prohibited. 


386 


LAWS  AND  ORDINANCES. 


Harrison 
street  market 
wholesaling 
prohibited. 


Penalty 


Opening 
hydrant  or 
fire  plug  time 
of  fire  pro- 
hibited. 


Penalty. 


of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person  or  persons  to  sell  at  any  time  on  the  Harrison 
street  market  any  vegetables,  poultry,  meats  or  any  article 
or  thing  whatsoever  for  any  use  other  than  to  be  sold  to 
the  consumer.  , 

617  Sec.  2.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  forfeit  and 
pay  a fine  of  not  more  than  five  dollars  ($5.00)  nor  less 
Mayor  and  the  publication  of  the  same  once  each  week  for 
than  one  dollar  ($1.00.) 

617-A  Sec.  3.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation, printed  and  published  in  the  City  of  Fort  Wayne, 
Indiana.  [Approved  March  10,  1896.] 

Ordinance  Record  i,  page  140. 


GENERAL  ORDINANCE  NO.  108. 

A A ORDINANCE  to  restrain  the  use  of  street  sprinklers 
and  publie  fire  plugs  during  times  of  hre. 

618  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  person  or  persons  to  open  any  public  hydrant,  fire  plug, 
street  or  yard  sprinkler,  or  turn  any  public  stop-cock,  or 
in  any  manner  injure  or  interfere  with  the  water  source  or 
other  apparatus  belonging  to  the  water  works,  from  the 
time  an  alarm  of  fire  is  first  sounded  by  the  fire  bells  until 
the  signal  of  “fire  out”  is  given  by  the  Fire  Department, 
excepting  under  the  direction  of  the  Chief  of  the  Fire  De- 
partment or  by  order  from  the  officers  of  the  water  works 
company. 

618-A  Sec.  2.  Any  person  violating  the  provisions 
of  this  ordinance,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars  (^loo.oo.) 

618-B  Sec.  3.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  April  25,  1899.] 

Ordinance  Record  i,  page  260. 


BAKR  street  market. 


387 


GENERAL  ORDINANCE  NO.  52. 

AN  ORDl NANCE  regulating  zvholcsaling  and  retailing  of 
provisions  and  artieles  of  food  upon  the  Barr  street 
market,  and  providing  a penalty  for  the  violation  of 
the  provisions  of  this  ordinance. 

619  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  Cit\  of  Fort  IVayne,  Indiana,  That  all  that  portion 
of  Barr  street  between  Main  street  and  Washington  street 
be  used  as  a public  market  in  said  city,  subject  to  the  fol- 
lowing provisions  in  this  ordinance  contained. 

620  Sec.  2.  All  articles  intended  and  held  for  sale 
on  said  market  may  be  offered  for  sale  at  retail  on  every 
morning  of  the  week  except  Sunday,  from  daylight  until 
JO  o’clock  A.  M.  of  each  dav. 

621  Sec.  3.  That  it  shall  be  the  duty  of  the  Market- 
master  to  superintend  said  market  and  keep  it  thoroughly 
clean  and  in  a good  order,  and  report  to  the  Board  of 
Public  Works  of  said  city  improvements  or  alterations  in 
or  about  such  market  as  may  be  deemed  necessary.  He 
shall,  during  the  hours  fixed  for  the  retailing  of  the  pro- 
visions in  Section  2 of  this  ordinance,  be  in  constant  at- 
tendance and  preserve  good  order  during  said  retailing 
market  hours.  He  shall  see  that  no  imposition  is  practiced 
by  seller  or  buyer ; cause  the  market  vehicles  to  be  so  placed 
in  the  market  space  as  best  subserve  the  public  generally ; 
take  charge  of,  safely  keep  the  weight  and  measures  be- 
longing to  the  city  for  market  purposes,  only  using  them 
or  suffering  them  to  be  used  when  testing  any  weights  or 
measures  employed  by  sellers  in  such  market.  He  shall 
prevent  or  remove  all  obstructions  or  nuisances  ready  to 
exist  or  actually  existing  in  the  same ; direct,  arrange  and 
adjust  the  stands  and  situations  for  sale  of  all  articles  not 
sold  from  \vagons  or  rented  stalls  or  stands  ; he  shall  pre- 
scribe the  kind  of  stands  to  be  used  and  all  other  appliances 
in  and  about  the  market  to  be  used  for  the  placing  of  pro- 
visions thereon,  and  for  the  removal  of  the  same ; he  shall 
especially  see  that  all  of  the  provisions  of  this  or  any  other 
ordinance  passed  in  regard  to  said  market  be  faithfully 
complied  with,  and  that  all  violations  of  the  same  shall 

00 


Public  market 
where. 


Time  of 
market. 


Market- 

master. 


Duty  of. 


Placing  ve- 
hicles. 

Keeping  and 
testing 
weights. 


Arrange 
stands  on 
market. 

Prescribe  kind 
of  stands. 


Prosecute 

offenses. 


388 


LAWvS  AND  ORDINANCES. 


To  sell  stands, 
when. 


To  give  cer- 
tificate to 
each  pur- 
chaser of 
stand 
privilege. 


Condition 
upon  which 
privilege  is 
sold. 


Price  of  stand 
per  diem. 


Occupant  of, 
to  clean 
stall. 


Wholesaling 
on  market 
prohibited. 


be  prosecuted  before  the  Mayor ; and  to  enable  said  Market- 
master  to  discharge  the  duties  imposed  upon  him  hereby, 
he  is  hereby  invested  with  the  powers  of  a police  officer 
of  said  city. 

Tt  shall  be  the  duty  of  the  Marketmaster,  on  the  first 
Saturday  of  June  in  each  year,  to  sell  at  auction  on  said 
market  to  the  highest  bidder  for  cash  the  right  to  occupy 
each  stall  or  stand  in  said  market  from  daylight  until  lo 
o’clock  A.  M.,  as  provided  in  Section  2 of  this  ordinance, 
for  the  ensuing  year  for  the  purpose  of  selling  and  offering 
for  sale  at  retail  provisions  and  other  articles  of  food,  sub- 
ject, however,  to  all  the  provisions  of  this  ordinance. 

And  it  shall  be  the  duty  of  said  Marketmaster  to 
give  to  each  purchaser  of  such  right  a certificate  of  such 
purchase  with  the  name  of  the  purchaser,  the  amount  paid 
and  the  number  of  the  stall  or  stand  and  the  size  of  the 
space  to  be  occupied  by  such  purchaser  for  the  purpose 
aforesaid. 

622  Sec.  4.  The  renting  of  all  stalls  and  stands  as 
herein  provided  is  upon  express  conditions  that  whenever 
any  of  said  rented  stalls  or  stands  are  not  used  for  the 
purposes  herein  intended,  it  shall  be  lawful  for  the  Market- 
master  to  assign  any  other  seller  the  use  of  such  stall  or 
stand  while  not  used  bv  the  renter. 

623  Sec.  5.  It  shall  be  the  duty  of  the  IMarket- 
niaster  to  assign  any  person  who  shall  desire  it,  for  the 
purpose  of  selling  at  retail  his  wares  or  produce,  any  stall 
or  stand  not  rented  or  occupied  and  collect  therefor  and 
the  use  of  the  citv  the  sum  of  ten  cents  ($.101  per  dav. 

624  Sec.  6.  It  shall  be  the  duty  of  everv  butcher 
or  occupant  of  any  stall  or  stand  on  said  market,  before 
leaving  the  same,  to  cause  his  stall  or  stand  to  be  thoroughly 
cleaned,  and  all  animal  or  vegetable  matter  or  rubbish  there 
deposited  by  him  to  be  cleared  away  from  such  market 
stall. 

625  Sec.  7.  No  provisions  or  articles  of  food  shall 
be  sold  at  wholesale  on  said  market  from  daylight  until  10 
o’clock  A.  M.  of  each  day,  and  it  shall  be  unlawful  for  any 
grocer,  provision  dealer  or  other  person  to  buy  on  said 


BARR  STREET  MARKET. 


389 


market,  during  such  hours  before  lo  o’clock  a.  m.,  any  Grocers  not  al- 
article  or  thing  whatsoever  for  any  use  otherwise  than  that  lowed  to  buy. 
of  his  own  family. 


626  Sec.  8.  After  lo  o’clock  a.  m.  of  each  week 
day  it  shall  be  lawful  for  any  person  to  sell  on  said  market 
at  wholesale  any  provisions  or  articles  of  food,  and  the 
Marketmaster  is  hereby  directed  to  make  no  charge  for 
the  privilege  of  selling  at  wholesale  on  said  market  after 
TO  o’clock  each  morning. 

627  Sec.  9.  That  all  articles  usually  sold  by  weight 
or  measure  shall  be  sold  on  said  market  by  weight  or 
measure  to  be  regulated  by  the  established  standards  of  the 
State  of  Indiana. 


Wholesaling, 

when 

allowed. 


Standard 
measurement 
and  weight. 


628  Sec.  to.  That  the  Marketmaster  shall  have  in 
his  keeping  all  scales,  weights  and  measures  belonging  to 
said  city,  and  use  for  market  purposes  and  deliver  the  same 
over  to  his  successor.  It  shall  be  unlawful  for  any 
person  to  sell  or  offer  for  sale  any  article  on  said  market 
by  weight  except  by  weighing  the  same  by  scales  or  weights 
approved  by  the  Marketmaster. 

629  Sec.  II.  It  shall  be  unlawful  for  any  person  to 
sell  ‘or  offer  to  sell  any  article  on  said  market  by  false 
weights  or  by  means  of  any  scales  or  weights  not  governed 
by  the  standard  of  the  state. 

630  Sec.  12.  It  shall  be  unlawful  for  any  person  to 
sell  or  offer  to  sell  on  said  market  any  article  by  dry 
measurement  otherwise  than  in  a vertical  measure  or  one 
of  uniform  circumference  from  top  to  bottom. 

631  Sec.  13.  It  shall  be  unlawful  for  any  person 
to  sell  or  offer  or  expose  for  sale  on  said  market  any  butter 
in  lumps  or  rolls  unless  each  of  such  lumps  or  rolls  be  of 
some  specified  weight,  and  if  any  person  shall  sell  or  offer 
or  exhibit  for  sale  any  such  lumps  or  rolls  on  said  market, 
and  on  examination  the  same  shall  fall  short  of  such  speci- 
fied weight,  the  owner  of  such  butter  or  person  exhibiting 
the  same  for  sale,  shall  be  subject  to  a fine  as  herein  pro- 
vided. 

632  Sec.  14.  It  shall  be  the  duty  of  the  Market- 
master,  whenever  he  may  suspect  or  be  informed  that  any 


Marketmaster, 
keep  scales 
and  weights. 


False  weights 
used, 
unlawful. 


Size  of 
measure. 


Butter  in 
lumps  and 
rolls  sold  on 
market. 


Must  be  of 

specified 

weight. 

Marketmaster 

prosecute, 

when. 


390 


LAWS  AND  OKDINANCES. 


Horses  and 
vehicles 
other  than 
hitched 
to  market 
wagons,  pro- 
hibited on 
market. 


Marketmaster, 
report 
to  Board  of 
Safety. 


Clerk  of  Board 
to  audit  ac- 
count. 


Ordinances 

repealed. 


butter  or  article  of  provision  offered  or  exhibited  for  sale 
on  said  market,  and  purporting  to  be  a specified  weight  or 
quantity,  is  deficient  in  weight  or  measure,  to  try  the  same, 
and  if  upon  such  trial  it  should  prove  to  be  deficient  in 
weight  or  measure,  he  shall  cause  the  owner  of  such  article 
of  provision  to  be  prosecuted  before  the  Mayor  of  said  city 
for  violation  of  the  provisions  of  this  ordinance. 

633  Sec.  15.  It  shall  be  unlawful  for  any  person  or 
persons  to  permit  or  allow  any  cart,  wagon  or  dray  or 
other  vehicle  or  any  horse  or  other  animal  to  remain  in  the 
street  or  spaces  in  front  or  around  said  market  during 
market  hours,  except  such  vehicle  or  animal  as  may  be  em- 
ployed in  bringing  provisions  and  other  articles  to  and  from 
said  market,  which  animals  and  vehicles  shall,  while  they 
remain  at  said  market,  be  under  the  direction  of  the  Market- 
master  ; and  the  owner  or  person  having  charge  of  such 
vehicles  and  animals  respectively  shall  place  and  arrange 
the  same  as  the  Marketmaster  may  from  time  to  time 
direct. 

634  Sec.  16.  After  the  second  Saturday  of  June  in 
each  year  it  shall  be  the  duty  of  the  Marketmaster  to  report 
to  the  clerk  of  the  Board  of  Public  Safety  all  stalls  and 
stands  in  said  market  leased  and  occupied,  with  the  names 
of  such  leasors  or  occupants,  and  all  stalls  and  stands  un- 
occupied and  the  amount  received  therefor ; and  it  shall  be 
the  further  duty  of  the  Marketmaster  during  the  year  to 
make  a weekly  report  to  the  clerk  of  the  Board  of  Public 
Safety  of  all  moneys  received  by  him  for  the  renting  of 
stalls  or  stands  or  from  other  sources. 

And  it  shall  be  the  duty  of  the  clerk  of  said  Board  to 
look  over  and  audit  said  report  and  give  to  said  Market- 
master  an  order  on  the  Comptroller  stating  the  exact  amount 
of  money  due  the  city,  as  shown  by  the  report,  and  the 
Marketmaster  shall  forthwith  deposit  in  the  treasury  of 
said  city  said  money  so  reported  by  him  and  receive  a 
cjuietus  therefor. 

634-A  Sec.  17.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

635  Si-:c.  18.  Any  ]:>erson  violating  any  of  the  pro- 


LOCOMOTIVES. 


391 


visions  of  this  ordinance  shall,  upon  conviction,  be  fined  in 
anv  Slim  not  exceeding  one  hundred  dollars  ($100.00.) 

' 634-A  Sec.  19.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval  by 
the  Alayor  and  the  jiublication  of  the  same  once  each  week 
for  two  consecutive  weeks  in  a daily  news])a])er  of  general 
circulation  printed  and  published  in  the  City  of  Fort  Wayne. 
[Approved  April  14,  1896.] 

Ordinance  Record  i,  page  144. 


CENERAL  ORDINANCE  NO.  130. 

A A ORDl  N /INCR  to  regulate  the  running  of  locomotives 

and  cars  in  the  City  of  Fort  JVayne. 

636  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  the  duty  of 
everv  engineer,  conductor  or  other  person  engaged  in  run- 
ning any  locomotive,  to  ring  the  bell  attached  to  such 
locomotive  whenever  the  same  shall  be  moving  in  or  through 
this  citv. 

637  Sec.  2.  It  shall  be  unlawful  for  any  engineer, 
conductor  or  other  person  having  a railroad  engine  or  train 
of  cars  in  charge  to  permit  the  same  to  be  run  along  any 
track  in  said  city  at  a greater  rate  of  speed  than  six  miles 
per  hour. 

638  Sec.  3-  It  shall  be  unlawful  for  any  person  run- 
ning or  controlling  any  locomotive  to  sound  the  whistle 
thereof  or  allow  the  same  to  be  sounded  within  the  cor- 
porate limits  of  said  city,  unless  to  ])revent  accident  that 
cannot  otherwise  be  arrested. 

639  Sec.  4.  Whenever  any  animal  shall  have  been 
killed  by  any  locomotive  or  car  within  the  limits  of  said 
city,  it  shall  be  the  duty  of  the  yardmaster  of  any  railroad 
upon  which  such  animal  may  have  been  killed  to  remove 
the  same  within  twelve  hours  thereafter. 

640  Sec.  5.  It  shall  be  unlawful  for  any  person  run- 
ning or  controlling  any  locomotive  to  allow  steam  to  escape 
from  cylinder  cocks  for  exceeding  a distance  of  two  hun- 
dred feet  from  any  point  of  starting  said  locomotive ; nor 


Penalty. 


Locomotives, 
engineers  to 
ring  the  bell. 


Rate  of  speed 
in  city  limits. 


Blowing 
whistle  pro- 
hibited. 


Animals  killed 
must  be  re- 
moved. 


Steam  escap- 
ing from 
cylinder 
cocks. 


392 


IvAWS  AND  ORDINANCES. 


Watchman  at 
rear  end  of 
car  backing. 


Sign  boards, 
must  erect. 


Obstructing 

streets. 


Head  light. 


Calhoun  street 
crossing. 


Obstructing  by 
switching 
prohibited. 


Interfering 
with  funeral 
processions 
prohibited. 


shall  the  steam  be  allowed  to  escape  therefrom  in  crossing 
any  street  or  within  fifty  feet  therefrom,  excepting  as 
above  provided  in  cases  of  starting. 

641  Sec.  6.  It  shall  be  unlawful  for  any  engineer, 
conductor  or  other  person,  managing  or  controlling  any 
locomotive  or  train  of  cars,  to  run  or  cause  the  same  to  run 
backwards  in  or  through  said  city  without  providing  for 
a watchman  or  other  person  on  the  rear  end  of  such  train 
to  avoid  accidents. 

642  Sec.  7.  Each  railroad  company  shall  erect  at 
the  entrance  of  such  railroad  within  the  city  a sign  board, 
having  therein  “stop  speed  and  ring  the  bell”  ■ legibly 
painted  thereon,  and  the  same  so  erected. 

643  Sec.  8.  It  shall  be  unlawful  for  any  company, 
corporation  or  person  to  deposit  or  place  in  the  street  any 
lumber  or  other  material,  or  shall  any  such  person  load 
any  car  from  the  street  with  any  material  deposited  thereon ; 
nor  erect  nor  maintain  any  switch  house  or  any  building 
upon  any  street  or  highway  within  the  citv  limits. 

644  Sec.  9.  Every  locomotive  engine,  railroad  car 
or  train  of  cars  running  in  the  night  time  upon  any  rail- 
road within  such  city  shall  keep,  while  running,  a brilliant 
and  conspicuous  light  upon  the  forward  end  of  such  loco- 
motive or  train  of  cars. 

645  Sec.  10.  It  shall  be  unlawful  for  any  railroad 
company  or  corporation,  whose  railroad  crosses  Calhoun 
street,  in  the  City  of  Fort  Wayne,  to  switch  any  of  the  cars 
over  said  street,  or  to  allow  any  of  its  cars  in  crossing  to 
stand  upon  the  track  where  the  same  crosses  said  street,  for 
a longer  period  than  two  minutes  at  anv  one  time. 

646  Sec.  II.  It  shall  be  unlawful  for  any  engineer, 
conductor  or  person  in  charge  of  any  engine  or  train  of 
cars,  to  obstruct  any  passage  of  any  street  in  said  city  by 
moving  or  switching  of  any  train  on  crossing  for  a longer 
period  than  five  minutes. 

647  Sec.  12.  It  shall  be  unlawful  for  any  locomo- 
tive to  lie  run  within  the  city  in  such  a manner  as  to  hinder 
or  interfere  with  anv  funeral  procession. 

648  Sec.  13.  Superintendents  of  railroads  running 


LOCOMOTIVES. 


393 


through  the  City  of  Fort  Wayne  shall  furnish  said  engineer 
and  train  conductor  operating  trains  on  said  railroads,  and 
within  the  corporate  limits  of  the  City  of  Fort  Wayne,  a 
certified  copy  of  this  ordinance,  and  shall  moreover  furnish 
to  any  officer  of  said  city  applying  therefor,  the  name  of 
any  person  in  the  employment  of  said  railroad  company 
who  shall  have  been  charged  with  having  violated  any  of 
the  provisions  of  this  ordinance. 

649  Sec.  14.  It  shall  be  unlawful  for  any  engineer, 
conductor  or  other  person  to  leave  any  locomotive  or  car 
stand  on  any  street  or  sidewalk  within  the  limits  of  said 
citv  longer  than  five  minutes  at  any  one  time  without  sep- 
arating the  train  and  allowing  teams,  vehicles,  street  cars 
and  foot  passengers  to  cross  the  railroad  track.  Calhoun 
street  is  excepted  from  this  section  and  controlled  by 
Section  10. 

650  Sec.  15.  It  shall  be  the  duty  of  the  railroad 
companies  operating  lines  within  the  corporate  limits  of 
the  City  of  Fort  Wayne  to  establish  and  maintain  flagmen 
at  the  following  railroad  crossings  in  said  city : 

At  the  erossing  of  Barr  street  and  the  sidewalks  thereof 
by  the  New  York,  Chicago  & St.  Louis  Railroad. 

At  the  crossing  of  Clinton  street  and  the  sidewalks 
thereof  by  the  New  York,  Chicago  & St.  Louis  Railroad. 

At  the  crossing  of  Clay  street  and  the  sidewalks  thereof 
by  the  New  York,  Chicago  & St.  Louis  Railroad. 

At  the  crossing  of  Van  Buren  street  and  the  sidewalks 
thereof  by  the  New' York,  Chicago  & St.  Louis  Railroad. 

At  the  dossing  of  West  Main  street  and  the  sidewalks 
thereof  by  the  Lake  Shore  & Michigan  Southern  Railroad. 

651  Sec.  16.  Said  flagmen  shall  be  provided  with 
proper  and  conspicuous  signals  and  shall  give  proper  and 
timely  notice  to  all  persons  about  to  cross  said  tracks,  of 
the  approach  of  a locomotive,  and  said  flagmen  shall  pre- 
vent an}'  person  from  standing  on  any  track.  For  this  pur- 
pose all  flagmen  shall  be  clothed  with  police  power. 

652  Sec.  17.  That  the  Pittsburg,  Fort  Wayne  & 
Chicago  Railroad  is  hereby  required  to  erect  and  maintain 
safety  gates  on  each  side  of  their  tracks  where  the  same 


Copies  of  this 
ordinance  to 
be  furnished 
railroads. 


Separating 

trains 

at  crossings, 
when. 


Flagmen 

maintained. 


Signals  given 
travelers. 


Police  powers 
of  flagmen. 

Safety  gates, 
Pittsburg, 
and  where. 


394 


LAWS  AND  ORDINANCES. 


Wabash, 

where. 


Jew  York,  Chi- 
cago & St. 
Louis 
railroad. 


Lake  Shore  & 
Michigan 
Southern  rail- 
road. 


Competent 
men  attend 
gates. 


Penalty. 


cross  Broadway,  Fairfield  avenue,  Calhoun  street,  La- 
fayette street,  Hanna  street  and  Wayne  trace,  in  the  City 
of  Fort  Wayne. 

653  Sec.  1 8.  That  the  Wabash  Railroad  is  hereby 
required  to  erect  and  maintain  safety  gates  on  each  side 
of  their  tracks  where  the  same  cross  Broadway,  Fairfield 
avenue,  Calhoun  street,  Lafayette  street,  Hanna  street  and 
Walton  avenue,  in  the  City  of  Fort  Wayne. 

654  Sec.  19.  That  the  New  York,  Chicago  & St. 
Louis  Railroad  is  hereby  required  to  erect  and  maintain 
safety  gates  on  each  side  of  their  tracks  where  the  same 
cross  Calhoun  street,  Harrison  street  and  Columbia  street, 
in  the  City  of  Fort  Wayne. 

655  Sec.  20.  That  the  Lake  Shore  & IMichigan 
Southern  Railroad  is  hereby  required  to  erect  and  main- 
tain safety  gates  on  each  side  of  their  tracks  where  the 
same  cross  Wells  street  and  Cass  street,  in  the  City  of 
Fort  Wayne. 

656  Sec.  21.  A reliable  and  competent  man  shall  be 
employed  to  operate  each  of  said  gates  when  erected,  who 
shall  be  and  remain  at  his  post  of  duty  from  6 o’clock  a.  m. 
to  9 o’clock  I’.  M.  of  each  and  every  day  when  trains  are 
running,  except  when  relieved  by  some  other  reliable  and 
competent  man. 

657  Sec.  22.  Each  and  every  one  of  said  companies 
named  in  Sections  15  and  17  of  this  ordinance  failing  to 
erect  and  maintain  flagmen  and  safety  gates  at  and  within 
the  times  as  in  this  ordinance  provided,  shall  be  fined  the 
sum  of  ten  dollars  ($10.00)  on  complaint  of  any  citizen 
of  said  city  filed  before  the  Mayor,  and  every  day  the 
crossings  are  allowed  to  remain  unprotected  and  without 
said  gates,  and  flagmen,  after  the  expiration  of  the  time 
specified,  sliall  be  deemed  a separate  offense  as  to  each  of 
said  companies  required  to  maintain  flagmen  and  safety 
gates  at  the  particular  crossing  about  which  said  complaint 
is  made. 

657-A  Sec.  23.  All  ordinances  and  parts  of  ordi 
nances  in  conflict  herewith  are  herebv  repealed. 

657-B  Sec.  24.  Any  person  or  persons  violating  any 


ELECTRIC  HANGING  LAMPS. 


395 


of  the  provisions  of  this  ordinance,  except  Sections  15  and 
17,  upon  conviction,  shall  be  fined  in  any  sum  not  exceeding 
fiftv  dollars  ($50.00.) 

657-C  Sec.  25.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  July  ii,  1899.] 
Ordinance  Record  i,  page  313. 


AN  ORDINANCE  requiring  railroad  companies  to  place 
electric  hanging  lainps  at  street  railroad  crossings  in 
the  public  streets. 

658  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  JVayne  (two-thirds  of  the  members 
thereof  concurring),  That  all  the  railroad  companies  owning 
or  operating  a line  of  railroads  in  or  through  the  limits 
of  the  City  of  Fort  Wayne,  and  crossing  public  streets  with 
their  said  tracks,  be  required,  when  ordered  by  resolution 
of  the  Common  Council,  to  place,  or  cause  to  be  placed, 
electric  hanging  lamps  at  any  and  all  streets  and  railroad 
crossings  as  ordered  by  Council ; said  lights  to  be  of  the 
kind  used  bv  the  said  citv  in  the  lighting  of  street  crossings. 

659  Sec.  2.  Any  railroad  company  or  corporation 
who  shall  by  themselves,  their  agents  or  employes,  violate 
or  fail  to  observe  any  of  the  provisions  of  this  ordinance, 
or  any  agent  or  employe  of  any  railroad  company  or  rail- 
road or  railroad  corporation  or  other  person  who  shall 
violate  or  fail  to  observe  the  same,  shall  for  each  violation 
or  failure  to  observe  the  same,  forfeit  and  pay  a fine  of  not 
more  than  one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chambers  this  24th  day  of  Octo- 
ber, 1893. 

C.  A.  ZOLLINGER,  Mavor. 
Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


GENERAL  ORDNANCE  NO.  31. 

AiV  O RDNIANCE  authorizing  the  issuing  of  permits  to 
tap  savers  and  drains  constructed  by  order  of  the  city, 


Penalty. 


Railroad 

companies. 

Hanging  lamps 
at  railroad 
crossings. 

When. 


Failure  to 
comply  with 
ordinance. 


Penalty. 


396 


LAWS  AND  OKDINANCES. 


prescribing  the  manner  of  making  sneh  connections  and 
specifying  the  kinds  of  material  to  be  used ; also,  author- 
icing  the  issuing  of  lieenses  to  sewer  builders,  fixing 
the  standard  for  the  qualification  of  such  persons  and 
providing  for  their  examination;  also,  prohibiting  the 
depositing  of  eertain  substances,  sneh  as  garbage,  rags, 
etc.,  into  sewers  or  drains;  prescribing  the  manner  of 
such  permits  and  licenses,  and  providing  a penalty  for 
the  violation  of  any  of  the  provisions  of  this  ordinanee. 


Tapping 

sewers. 


Under  direc- 
tion of  Board 
of  Works. 


Penalty. 


Licensed 
sewer  builder 


Permit  ob- 
tained, from 
whom. 


Application 

containing 

what. 


660  Sfx.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  no  connection  with  or 
opening  into  any  sewer  or  drain  connected  by  order  of  the 
city,  shall  be  made  except  under  the  direction  and  super- 
vision of  the  Board  of  Public  Works,  at  times  and  places 
prescribed  by  said  Board  and  in  such  manner  as  herein- 
after provided.  Any  connection  already  made  or  that  may 
hereafter  be  made  contrary  to  the  proAnsions  of  this  ordi- 
nance shall  be  removed  when  required  by  said  Board. 

661  Sec.  2.  Any  person  who  shall  make,  permit  or 
cause  to  he  made,  any  connection  with  any  sewer  or  drain 
contrary  to  the  provisions  of  the  foregoing  section  shall, 
in  addition  to  the  penalty  hereinafter  provided  for  the  viola- 
tion of  the  provisions  of  this  ordinance,  incur  a further 
penalty  of  five  dollars  ($5.00)  for  each  day  that  such  for- 
bidden connection  shall  remain  after  three  days’  notice  from 
said  Board  of  Public  Works  to  remove  the  same. 

662  Sec.  3.  No  person  shall  tap  any  public  sewer 
or  drain  or  make  any  connection  or  extension  of  any  con- 
nection previously  made  therewith  within  the  boundary  lines 
of  anv  street,  alley  or  public  place  in  said  city,  unless  he 
shall  he  a licensed  sewer  builder,  as  hereinafter  provided : 
and  such  licensed  sewer  builder  shall,  before  making  any 
such  extension  or  connection,  obtain  a separate  and  distinct 
permit  from  the  Board  of  Public  Works  for  each  tap,  ex- 
tension or  connection  so  made.  All  applications  for  such 
permits  must  he  made  in  writing  for  such  licensed  sewer 
builders,  and  must  he  acconqxmied  by  a clear  description 
of  the  premises  and  of  the  drains  required,  stating  the 
water  closets,  sinks  and  other  fixtures  to  be  connected 


SEWERS  AND  DRAINS. 


397 


therewith,  twenty-four  hours  previous  to  the  opening  of  any 
street,  alley  or  public  place  for  the  purpose  of  making  such 
connection : Provided,  said  Board  shall  make  no  charge  for 

the  permits  granted  under  the  provisions  of  this  section. 

663  Idnc.  4.  In  the  opening  of  any  street,  alley  or 
public  place  all  material  for  paving  or  ballasting  must  be 
removed  with  the  least  possible  injury  or  loss  of  same,  and 
together  with  the  excavated  material  from  the  trenches  must 
be  placed  where  they  will  cause  the  least  possible  incon- 
venience to  the  public.  As  little  as  possible  of  the  trench 
must  be  dug  until  the  junction  of  the  sewer  is  found,  unless 
it  is  first  determined  to  make  a new  junction  and  whenever 
required  sheeting  and  braces  must  be  used. to  prevent  caving; 
and  in  no  case,  except  by  express  orders  of  the  Board  of 
Public  Works  or  the  City  Civil  Engineer,  shall  the  width 
of  the  excavation  be  less  than  twenty  inches  or  more  than 
six  inches  greater  than  the  outside  traverse  diameter  of  the 
pipe. 

664  Sec.  5.  The  material  to  be  used  in  all  private 
sewers  and  drains  shall  be  hard,  burnt  brick,  soft  glazed, 
or  vitrified  clay  pipe,  as  may  be  determined  by  the  Board 
of  Public  Works  or  the  City  Civil  Engineer,  and  no  ma- 
terial shall  be  used  in  the  construction  of  any  private  sewer 
or  drain  unless  previously  approved  by  the  said  Board  of 
Public  Works  or  said  Engineer. 

665  Sec.  6.  The  least  inclination  that  will  be 
allowed  for  connections  with  water  closets,  kitchen  and  all 
other  drains  liable  to  receive  solid  substances,  is  one-half 
inch  in  two  feet,  and  for  cellar  or  other  drains  to  receive 
water  only,  one-fourth  of  an  inch  in  two  feet. 

666  Sec.  7.  The  inlets  of  all  drains  connected  with 
water  closets,  sinks,  down-spouts  or  catch  basins  must  be 
securely  guarded  against  the  introduction  of  sand,  earth  or 
other  solid  substances  by  means  of  grates  or  other  appli- 
ances, and  all  drains  of  whatsoever  nature  which  shall  be 
connected  with  any  main  or  lateral  sewer  must  be  provided 
with  a suitable  trap  or  catch  basin  thoroughly  trapped,  and 
no  privy  vault  shall  be  connecterl  with  such  sewer  unless, 
in  the  opinion  of  the  Board  of  Public  Works  or  Citv  Civil 


Excavations, 
how  made. 


Kind  of  ma- 
terial used. 


Inclination  of 
drains. 


Traps,  must 
be. 


398 


I.AWS  AND  ORDINANCES. 


Automatic 
gate  valve. 


Disturbing  old 
drains  or 
pipes. 


Party  not  as- 
sessed 
pay  $40. 


Licenses 
granted  to 
whom. 


Fee. 


Engineer,  suitable  arrangements  are  provided  to  thoroughly 
flush  the  same  by  the  introduction  of  sufficient  water  from 
sinks,  down-spouts  or  other  sources. 

667  Sec.  8.  b hat  for  the  purpose  of  protecting  the 
sewers  and  drains  in  the  city  and  for  the  purpose  of  pro- 
tecting those  whose  premises  are  connected  therewith  from 
damages  13V  overhow  or  water  setting  back  from  such  sewer, 
it  shall  be  the  duty  of  such  person,  in  the  discretion  of  the 
City  Civil  Engineer,  whose  premises  are  connected  with 
such  sewers  of  the  city,  to  provide  an  automatic  stop  valve 
or  gate  valve  therefor  in  said  connection,  so  that  the  water 
cannot  flow  back  from  said  sewers  through  such  con- 
nections. 

668  Sec.  9.  Whenever  it  becomes  necessary  to  dis- 
turb any  old  drain  in  actual  use  it  must  in  no  case  be 
obstructed  without  special  orders  from  the  Board  of  Public 
Works  or  the  City  Civil  Engineer,  and  in  case  a water  or 
gas  pipe  is  encountered  the  question  of  passing  over  or 
under  such  pipe,  or  raising  or  lowering  the  drain,  must 
be  determined  by  the  said  Board  or  said  Engineer. 

669  Sec.  10.  No  owner  or  occupant  of  any  prem- 
ises, not  having  been  directly  assessed  for  such  premises 
in  making  a sewer,  shall  tap  or  drain  into  such  sewer  until 
he  shall  have  complied  with  the  provisions  of  this  ordinance 
and  paid  into  the  treasury  for  the  city  the  sum  of  forty 
dollars  ($40.00),  and  no  person  shall  be  allowed  to  drain 
into  the  connection  with  such  sewer  of  any  other  person 
except  by  permission  of  the  Board  of  Public  Works  or 
City  Civil  Engineer,  and  as  herein  provided. 

670  Sec.  II.  The  City  Comptroller  is  hereby  author- 
ized to  grant  licenses  for  the  period  of  one  year,  on  the 
order  of  the  Board  of  Public  Works,  to  such  persons  as 
said  Board  may  deem  proper,  permitting  such  licenses  to 
tap  the  public  sewers  and  drains  and  to  make  connections 
therewith  either  directly  or  by  tapping  or  using  lateral 
sewers  or  drains  connecting  with  a sewer  or  drain, 
whether  ]niblic  or  private,  in  any  street,  alley  or  public 
])lace  of  the  city,  for  which  such  person  shall  pay 
before  the  issue  of  such  license  the  sum  of  two  dollars 


SEWEKS  AND  DRAINS. 


399 


($2.00.)  No  person  shall  receive  a license  to  become  a 
licensed  sewer  builder  in  said  city  until  he  has  furnished 
the  Board  of  Public  Works,  who  shall  sit  as  a board  to  de- 
termine such  matters,  with  satisfactory  evidence  that  he  is 
a person  in  every  way  qualified  to  perform  the  duties  which 
he  undertakes  in  a skilful  and  workmanlike  manner,  and 
previous  to  receiving  such  license  the  applicant  thereof  shall 
file  a bond  with  the  Board  of  Public  Works  in  the  sum  of 
five  thousand  dollars  ($5,000.00),  to  be  approved  by  said 
Board  and  conditioned  that  he  will  save  harmless  and  in- 
demnify the  City  of  Fort  Wayne  from  any  loss  or  damage 
that  may  be  occasioned  in  anywise  by  accident,  whether  by 
back  water  or  other  cause,  or  want  of  skill,  or  care  on  his 
part  in  the  prosecution  of  such  work,  or  that  may  be  occa- 
sioned by  reason  of  any  opening  made  by  him  in  any  street, 
alley  or  public  place  in  the  making  of  any  connection  with 
any  public  or  private  sewer  as  aforesaid ; that  he  will  con- 
form in  all  respects  to  the  city  ordinance  and  such  rules 
and  reg'ulations  as  may  from  time  to  come  be  established 
by  the  Board  of  Public  Works  in  relation  to  laying  private 
drains  and  connections,  putting  in  junctions  and  tapping 
public  sewers  and  drains,  and  that  he  will  pay  all  fines  and 
penalties  imposed  upon  him  for  any  and  all  viola- 
tions of  such  ordinances,  rules  and  regulations.  Upon 
the  filing  of  such  bond,  the  City  Comptroller,  on  the  order 
of  the  Board  of  Public  Works,  shall  issue  to  the  applicant 
a licensed  sewer  builder’s  license  in  the  same  manner  as 
provided  for  other  city  licenses.  Said  Comptroller  shall 
keep  a register  of  all  licenses,  and  the  Board  of  Public  Works 
shall  keep  a record  of  all  permits  issued  under  the  provisions 
of  this  ordinance,  and  the  record  so  kept  by  said  Comp- 
troller shall  contain  the  name  of  the  person  licensed,  time 
of  issuing  and  place  of  business,  or  residence  of  same,  and 
no  license  shall  be  issued  for  a greater  nor  less  period  than 
one  year. 

671  Sec.  12.  The  Board  of  Public  Works  shall  have 
the  power  to  revoke  or  rescind  the  license  issued  to  any 
person  under  and  by  virtue  of  any  of  the  provisions  of  this 
ordinance  if  said  Board,  in  their  judgment,  deem  such  per- 
son incompetent  or  unqualified  to  put  in,  tap  or  construct 


Examination 
of  applicant 
as  to  fitness. 

Bond. 


Comptroller  to 
keep  register 
of  licenses 
issued. 


Board 

can  revoke 

licenses, 

when. 


34 


4U0 


LAWS  AND  ORDINANCES. 


Garbage,  etc., 
not  to  be 
thrown  into 
drains. 


Not  to  injure 
or  obstruct 
drains. 


Not  to  connect 
with  unfin- 
ished sewers. 


Penalty. 


sewers,  or  do  any  work  authorized  or  permitted  to  be  done 
under  and  by  virtue  of  such  license ; also  said  Board  shall 
have  the  power  to  revoke  the  license  of  any  person  who, 
in  their  jndg'inent,  has  violated  any  of  the  provisions  of 
this  ordinance,  or  the  city  ordinances,  or  the  rules  of  said 
Board  relating  to  any  subject  governed  by  the  provisions 
of  this  ordinance. 

672  Sec.  13.  No  owner  or  occupant  of  any  prem- 
ises shall  deposit  or  permit  to  be  deposited  any  substance 
such  as  garbage,  grease,  rags,  sand  or  earth,  or  any  other 
such  substances  in  any  of  the  sewers  or  drains  of  the  city, 
or  pipes  of  houses,  gullies  or  catch  basins  connected 
therewith. 

673  Sec.  14.  No  person  shall  wilfully  or  maliciously 
damage,  injure  or  obstruct  any  sewer  or  house  drain,  cess- 
pool or  water  closet  pipe  or  any  other  connection  laid  or 
constructed  bv  or  under  the  authoritv  of  the  citv. 

674  Sec.  15.  No  person  shall  be  permitted  to  drain 
into  or  make  any  connection  with  any  public  sewer  or  drain 
which  may  be  in  course  of  construction  until  the  same  has 
beeen  fullv  completed  and  accepted  by  the  Board  of  Public 
Works. 

675  Sec.  16.  Any  person  who  shall  violate  any  or 
either  of  the  provisions  of  this  ordinance,  or  who  shall  fail 
or  neglect  to  comply  with  any  or  either  of  the  requirements 
thereof,  shall,  on  conviction,  pay  a fine  of  not  less  than  five 
dollars  ($5.00)  nor  more  than  one  hundred  dollars 
(Sioo.oo. ) 

675-A  Sec.  17.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

675-B  Sec.  18.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval 
by  the  Mayor  and  the  publication  of  the  same  once  each 
week  for  two  successive  weeks  in  a daily  newspaper  of 
general  circulation  printed  and  published  in  the  City  of  Fort 
Wayne.  [x\pproved  May  14,  1895.] 

Ordinance  Record  i,  page  102. 


FLUSHING  SEWERS,  ETC. 


401 


GENERAL  ORDINANCE  NO.  46. 


AN  ORDINANCE  licensing  persons  engaged  in  the  occu- 
pation offiushino  sezvers  sink  drams ^ water  pipes  and 
other  pipes,  by  steam  pressure,  within  the  City  of  Fort 
Wayne,  Indiana. 

676  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for  any 
person  or  persons,  firm,  company  or  corporation  to  engage 
in  the  occupation  of  flushing  or  cleaning  out  sewers,  sink 
drains,  water  pipes  and  other  pipes  by  steam  pressure  within 
the  corporate  limits  of  the  said  city,  without  first  obtaining 
a license  as  hereinafter  provided. 

677  Sec.  2.  The  Comptroller  of  said  city  is  hereby 
authorized  to  license  any  person  or  persons  to  follow  the 
occupation  of  flushing  and  cleaning  out  sewers,  sink  drains, 
water  pipes  and  other  pipes,  upon  such  person  paying  into 
the  city  treasury  the  sum  of  two  dollars  ($2.00)  as  a license 
fee  for  the  right  to  follow  said  occupation,  for  one  year 
from  the  date  thereof ; and  also,  upon  such  person  giving 
a bond  to  the  city  to  be  approved  by  the  Mayor,  in  the 
penal  sum  of  five  thousand  dollars  ($5,000.00),  conditioned 
for  the  faithful  observance  of  all  ordinances  to  the  city,  and 
conditioned  that  such  persons  will  indemnify  and  hold  said 
city  harmless  for  any  damage  done  or  caused  to  said  city 
by  reason  of  the  issuing  of  said  license.  Said  license  shall 
not  be  issued  for  a shorter  period  than  one  year. 

678  Sec.  3.  Any  person  or  persons  who  shall  come 
within  the  provisions  of  this  ordinance  by  using  a steam 
boiler  upon  the  streets  of  said  city,  in  order  to  carry  on  said 
business,  shall  have  a covered  wagon  enclosing  said  boiler, 
and  shall  not  permit  steam  to  escape  therefrom  nor  permit 
or  cause  any  noise  that  will  be  likely  to  frighten  horses 
upon  the  street,  and  shall  not  carry  over  sixty-five  pounds 
steam  pressure  and  shall  use  no  other  fuel  except  anthra- 
cite coal  or  coke. 

678-A  Sec.  4.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

679  Sec.  5.  Any  person  who  shall  violate  any  of  the 


Flushing 
ewers,  etc. 


License. 

Comptroller 
to  issue 
license 
to  sewer 
flushers. 

Fee. 

Time. 

Bond. 


Regulation  of 
work. 


Repeal. 


4U2 


LAWS  AND  ORDINANCES. 


Penalty. 


Sewers  to  be 
connected 
with  vaults, 
etc. 

T rap 

in  connecting 
sewers  re- 
quired. 

Penalty. 


provisions  of  this  ordinance  shall,  upon  conviction,  be  fined 
in  anv  sum  not  exceeding-  ten  dollars  ($10.00.) 

679-A  Sec.  6.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval 
by  the  Mayor  and  the  publication  of  the  same  once  each 
week  for  two  consecutive  weeks  in  a daily  newspaper  of 
general  circulation  printed  and  published  in  the  City  of  Fort 
Wayne.  [Approved  January  28,  1896.] 

Ordinance  Record  i,  page  13  C ' 


GENERAL  ORDINANCE  NO.  24. 

AN  ORDINANCE  requiring  the  owners  of  vaults,  drain 
pipes  and  other  seiver  pipes,  situated  upon  lots  abutting 
on  a street  or  alley , in  which  there  is  a puhlie  sezver,  to 
connect  the  same  zvith  said  sezver,  and  providing  for  a 
penalty  for  the  violation  of  the  same. 

680  Sec.  I.  Be  it  ordained  .by  the  Common  Council 
of  the  City  of  Fort  IVayne,  That  it  shall  be  the  duty  of 
every  owner  of  vaults,  drain  pipes  or  sewer  pipes  situated 
upon  lots  abutting  .upon  a street  or  alley  in  which  there  is 
a public  sewer,  to  properly  connect  the  same  with  said  sewer, 
placing  therein  the  necessary  traps  and  apparatuses  for  per- 
fect drainage. 

681  Sec.  2.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  pay  a fine 
of  not  more  than  ten  dollars  ($10.00),  and  for  each  day’s 
continuance  in  violation  thereof  shall  constitute  a separate 
offense. 

681 -A  Sec.  3.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

681 -B  Sec.  4.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publishing  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Eort  Wayne, 
Indiana.  [Approved  November  13,  1894.] 

Ordinance  Record  i,  page  94. 


LICENSE  PLUMBEKS,  ETC. 


403 


GENERAL  ORDINANCE  NO.  89. 

AN  ORDINANCE  to  license  phunhers,  gas  Utters  and  water 
pipe  Utters  and  regulating  their  employment  in  and 
upon  the  streets,  alleys  and  public  grounds  in  the  City 
of  Fort  Wayne,  Indiana. 

682  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  .of  Fort  Wayne,  That  hereafter  no  person,  firm 
or  corporation  shall  engage  in  the  business  of  plumbing, 
gas  fitting  or  water  pipe  fitting,  in  or  upon  any  of  the 
streets,  alleys  or  public  places  ,of  the  City  of  Fort  Wayne, 
unless  said  person,  firm  or  corporation  shall  have  first  ob- 
tained a license  so  to  do  from  the  said  City  of  Fort  Wayne, 
and  shall  have  given  bond  in  the  sum  of  five  thousand 
dollars  ($5,000.00),  payable  to  the  City  of  Fort  Wayne,  as 
hereinafter  provided. 

683  Sec.  2.  Any  person,  firm  or  corporation  desir- 
ing to  engage  in  the  business  or  occupation  of  plumbing, 
gas  fitting  or  water  pipe  fitting  in  or  upon  any  of  the  streets, 
alleys  or  public  grounds  in  the  City  of  Fort  Wayne,  shall, 
before  entering  upon  such  employment,  file  an  application 
for  a license  with  the  Board  of  Public  Works,  which  appli- 
cation shall  state  the  business  in  which  the  applicant  desires 
to  engage,  and  said  applicant  shall  also  file  his  bond  with 
the  said  Board  of  Public  Works  with  at  least  two  freehold 
sureties  in  the  sum  of  five  thousand  dollars  ($5,000.00), 
payable  to  the  City  of  Fort  Wayne,  Indiana,  and  to  the 
approval  of  the  Board  of  Public  Works. 

Said  bond  conditioned  that  the  applicant  for  said 
license  shall  perform  all  services  and  labor  in  the  said  busi- 
ness named  in  said  application  in  a good  workmanlike  man- 
ner. That  applicant  will,  before  making  any  opening  in  any 
street,  alley  or  public  place,  for  the  purpose  of  prosecuting 
his  said  work,  apply  for  and  obtain  a separate  and  distinct 
permit  from  the  Board  of  Public  Works. 

That  in  the  application  for  said  permit  said  applicant 
will  give  an  exact  location  of  the  place  opened  and  the 
character  of  the  work  to  be  done ; and  conditioned  further, 
that  said  applicant  will  guard  excavations  made  in  a way 
to  protect  the  public;  refill  all  openings  made  in  streets. 


Plumbsrs,  gas 
fitters  and 
water  pipe 
fitters. 


License. 

Bond. 


Application 
for  license. 


thermit  to 
open  streets. 


404 


LAWS  AND  OKDIXAXCES. 


Guard  excava- 
tions. 


Extent  of  lia- 
bility on 
bond. 


Comptroller 
issue  license. 


Term  of 
license. 


Violation. 


Penalty. 


alleys  and  public  places  within  the  city  in  a careful  manner, 
and  maintain  such  refilled  ])laces  for  a period  of  two  years 
thereafter;  and  conditioned  further,  that  if  applicant  makes 
excavations  in  any  paved  street  or  alley,  that  said  displace- 
ment shall  be  repaired  with  such  new  material  and  in  such 
proportions  as  the  pavement  originally  contained. 

And  that  if  said  conditions  are  not  so  performed,  said 
applicant  and  sureties  shall  be  liable  on  said  bond  for  such 
failure  in  damage  to  the  City  of  Fort  Wayne,  Indiana,  or 
to  any  person,  persons  or  corporations  that  may  be  injured 
by  said  failure,  and  the  City  of  Fort  Wayne  or  any  one  in- 
jured may  recover  on  said  bond. 

684  Sec.  3.  Whenever  any  application  is  presented 
and  bond  filed  and  approved,  as  is  herein  provided,  the 
Comptroller  is  hereby  authorized  to  grant  a license  to  such 
applicant  upon  the  order  of  the  Board  of  Public  Works,  and 
upon  said  applicant  paying  the  sum  of  two  .dollars  ($2.00), 
and  it  shall  be  the  duty  of  the  clerk  of  the  Board  of  Public 
Works  to  file  said  application  and  record  said  bond. 

685  Sec.  4.  No  license  issued  under  the  provisions 
of  this  ordinance  shall  be  good  for  more  than  one  year  from 
its  date,  and  thereafter  a new  application  and  bond  must 
be  filed  and  new  license  issued  under  the  provisions  of  this 
ordinance,  the  same  as  if  none  had  been  filed  or  license 
issued. 

686  Sec.  5.  Any  person,  firm  or  corporation  en- 
gaging in  the  business  or  occupation  of  plumbing,  gas  fitting 
or  water  pipe  fitting  in  or  upon  the  streets,  alleys  or  public 
grounds  of  the  City  of  Fort  Wayne,  or  attempting  to  so 
engage  without  having  first  obtained  a license  and  file  a 
bond  as  provided  in  this  ordinance,  or  shall  in  any  way 
violate  any  of  the  provisions  of  this  ordinance,  shall,  on 
conviction  of  such  violation,  pay  a fine  not  exceeding  one 
hundred  dollars  ($100.00)  and  not  less  than  five  dollars 
($=5.00)  for  each  offense  committed. 

686-A  Sec.  6.  All  ordinances  or  parts  of  ordinances 
in  conflict  with  the  provisions  of  this  ordinance  are  hereby 
repealed. 

686-B  Sec.  7.  This  ordinance  to  be  in  full  force  on 
and  after  its  passage  and  approval  by  the  ]\Iayor  and  the 


OIL,  GASOLINE,  ETC. 


4U5 


publication  of  the  same  once  each  week  for  two  consecutive 
weeks  in  a daily  news]ja])cr  of  ^^eneral  circulation  i)rintcd 
and  jmhlished  in  the  City  of  Injrt  Wayne.  fA])]jroved 
June  28,  1898.] 

(Ordinance  Record  i,  ])a^e  218. 


CiEXl'.RAL  ORDINANCE  NO.  29. 

AN  ORDI N ANCJi  rc(juiring  persons  engaged  in  selling  oil, 
eoal  oil,  gasoline  or  petroleum  to  take  out  a lieense,  and 
fixing  a penalty  for  the  violation  of  the  same. 

687  Six.  1.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  every  ])erson  who  sells, 
barters,  exchanc^es  or  offers  for  sale  any  oil,  coal  oil,  gaso- 
line or  ])etroleuin  in  any  form  in,  u])on,  along  or  through 
the  streets,  avenues,  alleys  or  other  ])ublic  ])laces  of  said 
city,  or  traveling  from  ])lace  to  place  therein,  either  on  foot 
or  with  ^iny  kind  of  vehicle,  shall  before  engaging  in  such 
business  obtain  from  the  Citv  Com])troller  a license  so  to  do. 

688  Six.  2.  d'he  license  charges  shall  be  six  dollars 

($6.00)  ]xr  annum,  or  one  dollar  ($i.oo)  ])er  month  : Pro- 

vided, That  no  license  shall  be  issued  for  a period  less  than 
three  months  at  a time.  That  each  , person  licensed  under 
this  ordinance  shall  be  required*  to  have  fastened  upon  the 
wagon  or  vehicle  that  he  may  use  a “dri])  ])an”  to  prevent 
esca])ing  oil  from  dropping  u])on  the  street  or  sidewalk. 
I As  amended  August  8,  1899.] 

689  Sec.  3.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  (leemed  guilty  of  a mis- 
demeanor and  shall  be  fined  in  any  sum  not  to  exceed  ten 
dollars  10.00.) 

689-A  Sec.  4.  All  ordinances  and  ]>arts  of  ordi- 
nances in  conflict  herewith  are  herebv  re])ealed. 

689-B  Sec.  5.  This  ordinance  shall  be  in  full  force 
and  effect  on  and  after  its  passage,  ap])roval  by  the  Mayor 
and  the  legal  iniblication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  news])apcr  of  general  cir- 
culation printed  and  published  in  the  City  of  h'ort  Wayne. 
Indiana.  [A])proved  March  13,  1895.J 
Ordinance  Record  i,  page  100. 


Oil,  gasoline, 
etc.,  sale  of. 


License. 

Comptroller 
shall  issue. 


Fee. 


Time 

of  license. 


Drip  pan, 
shall  use. 

Penalty. 


406 


LAWS  AND  ORDINANCES. 


Peddlers  and 
hawkers. 


Comptroller  to 
issue. 

Article  of 
medicines 
sold  from 
wagons. 


Fee 

per  annum. 


Term  of  li- 
cense. 


License  not 
transferable. 


GENERAL  ORDINANCE  NO.  32. 

AN  ORDINANCE  requiring  peddlers  and  hawkers  to  take 
out  a lieense,  and  -fixing  a penalty  for  the  violation  of 
the  same. 

690  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  every  person  who  sells,' 
barteis  or  exchanges  or  offers  for  sale,  barter  or  exchange 
any  fruits,  vegetables,  eggs,  butter,  poultry,  beets  or  other 
farm  produce,  fish,  goods,  wares,  medicines,  merchandise 
or  other  articles  of  value  in,  upon  or  along  any  street  or 
alley  or  other  public  places  in  said  city,  or  traveling  from 
place  to  place  therein  either  on  foot  or  with  any  kind  of  a 
vehicle,  shall,  before  engaging  in  such  business,  obtain 
from  the  City  Comptroller  a city  license  so  to  do. 

691  Sec.  2.  Where  such  produce,  provisions,  goods, 
wares,  medicines,  merchandise  or  other  articles  of  value 
are  carried  in  vehicles  drawn  by  animal  power,  a license  of 
sixty  dollars  ($60.00)  per  annum  shall  be  paid  for  each 
veliicle  so  used,  and  when  such  produce,  provisions,  goods, 
wares  or  other  articles  are  carried  in  vehicles  propelled  by 
hand  or  otherwise  on  the  person,  each  person  so  engaged 
in  selling  shall  be  required  to  take  out  a license  and  pay  a 
fee  of  sixty  dollars  ($6o.co)  per  annum.  No  license  re- 
quired under  this  ordinance  for  the  sale  of  fruits  or  vege- 
tables, or  both,  shall  be  granted  for  a shorter  period  of  time 
than  one  year ; for  all  other  articles  in  this  ordinance  men- 
tioned a license  shall  be  granted  for  the  period  of  one  year 
at  sixty  dollars  ($60.00)  per  year,  or  by  the  month  at  the 
rate  of  ten  dollars  ($10.00)  per  month.  [As  amended  June 
29, 1896.] 

692  Sec.  3.  No  license  issued  or  granted  under  any 
of  the  provisions  of  this  ordinance  shall  be  in  any  manner 
assignable  or  transferable,  or  authorize  any  other  person 
than  the  one  mentioned  therein  to  sell,  or  authorize  any 
other  class  of  articles  than  therein  s]3ecified  to  be  peddled 
unless  such  transfer  or  permission  is  entered  of  record  in 
the  Citv  Comptroller’s  office  on  the  order  of  the  flavor. 

693  Sec.  4-  Every  person  using  a vehicle  and 
licensed  to  sell,  barter  or  exchange  any  articles  of  value 


PEDDLEKvS  and  hawkers. 


407 


whatsoever,  under  any  of  the  provisions  of  this  ordinance, 
shall  have  conspicuously  posted  or  painted  on  each  vehicle 
so  used  a sigai  made  of  wood  or  tin,  bearing  the  name  of 
the  person  so  licensed,  the  number  of  the  wagon,  the  class  of 
articles  to  be  sold,  and  the  words,  “Licensed  vender,”  in 
plain  English  letters  and  figures ; and  said  sign  shall  not  be 
less  than  two  feet  in  length  and  twelve  inches  in  width.  It 
shall  be  the  duty  of  every  person  selling,  bartering  or  ex- 
changing any  goods  or  other  articles  of  value,  under  any 
of  the  provisions  of  this  ordinance,  to  carry  his  license  or 
permit  with  him  while  so  selling,  bartering  pr  exchanging 
of  goods,  merchandise  or  other  articles  of  value  upon  and 
along  the  streets  and  alleys  or  other  public  ])laces  in  said 
city,  ^nd  such  person  shall,  when  requested  either  by  an 
officer  or  a j^rivate  citizen,  produce  or  show  to  such  person 
or  officer  either  the  license  or  ]:>ermit  of  the  IMayor  under 
which  he  claims  to  be  selling. 

694  Sec.  5.  No  license  granted  or  issued  under  any 
of  the  provisions  of  this  ordinance  shall  be  so  construed  as 
to  entitle  any  person  to  the  privilege  of  occupying  a stand 
in  any  market  space  or  market  house,  street,  lane,  alley  or 
commons  with  table,  bench  or  otherwise,  nor  authorize  the 
sale,  huckstering,  peddling  by  ,a  licensed  vender,  upon  or 
in  any  of  the  market  space  or  market  houses  of  the  city,  or 
upon  any  streets  contiguous  thereto  during'the  market  hours, 
nor  allow  any  person  or  persons  selling  any  goods,  wares  or 
merchandise  at  wholesale  to  the  trade,  to  deliver  the  same 
without  said  person  or  persons  so  selling  have  first  received 
orders  for  such  goods,  wares  or  pierchandise  at  their  re- 
spective ])laces  of  business,  whether  it  be  at  store  building 
or  from  the  car,  nor  shall  any  of  the  provisions  of  this  ordi- 
nance be  so  construed  as  to  authorize  the  sale  of  goods, 
wares  or  merchandise  or  any  article  of  provisions  or  vegeta- 
bles or  farm  products  by  auction  or  public  outcrv,  nor  shall 
any  of  the  provisions  of  this  ordinance  be  so  construed  so 
as  to  prevent  the  farmer  or  producer  from  selling  at  any 
time  or  in  any  place  within  the  city  any  article  of  provisions 
or  vegetables  grown  or  produced  by  him,  or  to  persons 
selling  exclusively  at  wholesale  to  retail  dealers  in  the  city. 
[As  amended  June  29,  1896.] 


Number  of  li- 
cense and 
name 

of  owner  of 
wagon. 


Owner  to 
carry  license 
with  him. 


Must  exhibit 
license,  when 
requested. 


License  does 
not  authorize 
market  privi- 
leges. 


To  sell 
at  wholesale 
only  upon  or- 
ders having 
been  received 


Does  not  apply 
to  farmers. 


408 


LAWS  AND  ORDINANCES. 


License  re- 
voked. 


Penalty. 


Auctioneer. 


License. 


695  Sec.  6.  Any  person  licensed  under  this  ordi- 
nance who  sells  or  exchanges  or,  who  has  in*his  possession, 
with  intent  to  sell  or  exchange,  or  offers  for  sale  or  ex- 
change any  unwholesome  produce,  poultry,  meat,  fish, 
or  unwholesome  milk,  or  milk  to  which  water  or  any 
foreign  substance  has  been  added,  or  who  shall  be 
guilty  of  any  fraud,  cheat,  misdemeanor  or  imposition  while 
acting  in  such  capacity,  or  who  shall  violate  any  provision 
of  this  ordinance,  shall  be  punished  by  a fine  of  not  less 
than  one  dollar  ($i.oo)  nor  more  than  fifty  dollars  ($50.00), 
and  the  Mayor  may,  on  proof  of  such  violation  ,by  any 
person  licensed  under  this  ordinance,  revoke  the  license 
issued  to  the  offender. 

695-A  Sec.  7.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

695-B  Sec.  8.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Fort  Wayne. 
[Approved  May  14,  1895.] 

Ordinance  Record  i,  page  107. 


GENERAL  ORDINANCE  NO.  55. 

AN  ORDINANCE  to  license  auctioneers. 

696  Sec.  I.  Be  it  ordained  by  the  Coninwn  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  not  be  lawful  for 
any  person  within  the  City  of  Eort  Wayne  to  exercise  the 
business,  trade  or  vocation  of  an  auctioneer,  nor  to  sell  real 
estate,  or  any  interest  therein,  without  having  first  obtained 
from  said  city  a license  for  that  purpose,  as  hereinafter 
provided ; and  any  person  violating  this  section  shall  forfeit 
and  pay  not  less  than  five  dollars  ($5.00)  nor  more  than  one 
hundred  dollars  ($100.00)  for  every  offense:  Provided. 

That  sales  at  public  auction  made  by  Sheriff,  master  in 
chancery,  coroners,  collectors,  marshals,  policemen,  con- 
stables, executors  and  administrators,  by  virtue  of  their  re- 


AUCTlONEEKvS. 


409 


spective  offices,  are  hereby  exempt  from  operation  of  this 
section. 

696-A  Sec.  2.  Any  person  may  become  an  auc- 
tioneer and  be  licensed  to  sell  real  and  personal  property 
at  public  auction  at  a place  to  be  named  in  said  license  upon 
payment  to  the  city  of  a license  fee  as  follows : To  auc- 

tioneers, for  the  period  of  one  year,  for  the  sum  of  one 
hundred  dollars  ($100.00.)  Persons  so  licensed  to  sell  at 
auction  shall  have  but  one  regular  place  of  business,  to  be 
designated  in  said  license,  and  shall  keep  or  use  but  one 
auction  or  salesroom  and  shall  not  permit  other  persons  to 
sell  under  their  licenses ; any  person  licensed  not  complying 
with  the  provisions  of  this  section  shall  forfeit  and  pay  said 
city  not  less  than  five  dollars  ($5.00)  nor  more  than  one 
hundred  dollars  ($100.00)  for  each  offense,  and  the  Mayor 
at  his  discretion  may  revoke  the  license. 

697  Sec.  3.  Any  other  person  who  shall  desire  to 
sell  at  auction  shall  procure  a license  and  shall  pay  for  any 
such  license  the  sum  of  ten  dollars  ($10.00)  per  day  for  the 
first  ten  days  of  such  sale,  and  the  sum  of  five  dollars  ($5.00) 
per  day  thereafter  during*  the  continuance  of  such  sale, 
under  a penalty  of  not  less  than  twenty  dollars  ($20.00) 
nor  more  than  one  hundred  dollars  ($100.00.) 

698  Sec.  4.  It  shall  be  unlawful  for  any  auctioneer 
or  his  agent  or  crier,  to  sell  or  cry,  or  off'er  for  sale,  at 
public  auction,  any  articles,  goods,  wares  or  merchandise 
upon  any  street,  alley,  sidewalk  or  public  ground ; but  such 
auctioneer  shall  sell  all  such  articles  and  things  offered  for 
sale  by  him  at  public  auction  in  the  room  or  warehouse 
occupied  by  him,  and  he  shall  so  arrange  his  place  of  sale 
in  said  room  or  warehouse  that  no  portion  of  the  bidders 
or  bystanders  will  be  compelled  or  required  to  stand  or 
remain  on  the  street  or  sidewalk  in  front  of  his  said  auction 
rooms  or  warehouse.  Any  auctioneer  or  person  convicted 
of  a violation  of  this  section  shall  forfeit  and  pay  to  said 
city  a sum  not  exceeding  one  hundred  dollars  ($100.00)  for 
every  offense,  and  on  conviction  for  a second  offense  the 
Mayor  may,  in  his  discretion,  revoke  the  license. 

698-A  Sec.  5.  All  ordinances  or  ])arts  of  ordi- 


Penalty. 


Annual 
license  fee. 


Auctioneers 
place  of  bus- 
iness, where. 


License  fee  by 
the  day  or 
month. 


To  sell  goods 
at  auction  on 
streets  un- 
lawful. 


Goods  sold  at 
auction  must 
be  inside  of 
building. 


Violation  of 
ordinance, 
penalty. 


410 


LAWS  AND  ORDINANCES. 


Ordinances 

repealed. 


Branch  stores 
to  sell  bank- 
rupt stocks, 
etc. 


License  re- 
quired. 


License  fee. 


nances  in  conflict  with  this  ordinance  are  hereby  repealed. 

698-B  Sec.  6.  This  ordinance  to  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval  by  the  Mayor. 
[Ajiproved  June  29,  1896.] 

Ordinance  Record  i,  page  154. 


CxENERAL  ORDINANCE  NO.  106. 

AN  ORDIN ANCE  licensing,  taxing  and  regulating  branch 
stores  or  csfablislinienfs , and  all  other  concerns  cst  ib- 
lislicd  in  the  City  of  Fort  Wayne  for  temporary  business 
only,  and  repealing  all  ordinances  or  parts  of  ordinances 
in  condet  therewith. 

699  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  IVayne,  That  it  shall  be  unlawful  for 
any  person  or  persons,  without  having  flrst  obtained  a spe- 
cial license  therefor,  as  hereinafter  provided,  to  establish 
any  branch  store  or  estalilishment  or  concern  for  the  pur- 
pose of  conducting  or  carrying  on  a temporary  business  in 
the  City  of  Eort  Wayne,  or  to  sell  at  auction,  retail  or 
otherwise,  in  said  city  any  goods,  wares  or  merchandise 
which  shall  have  previously  been  offered  for  sale  elsewhere, 
and  which  are  exposed  for  sale  in  said  City  of  Fort  Wayne 
as  placarded  or  advertised  as  “bankrupt  stock,”  “bankrupt 
sale,”  “assignee’s  sale,”  “sale  of  damaged  goods,”  “dam- 
aged stock,”  “closing  out  sale,”  “receiver’s  sale,”  “fire  sale,” 
or  any  similar  form  or  placard,  sign  or  advertisement.  Any 
person  or  persons  desiring  to  establish  a branch  store  or 
other  concern  in  the  City  of  Fort  Wayne  for  temporary 
business  purposes  only,  or  to  auction,  retail  or  offer  for  sale 
any  such  goods,  wares  or  merchandise,  shall,  before  estab- 
lishing anv  such  branch  store  or  business  or  before  any  of 
such  goods,  wares  or  merchandise  are  so  sold  or  offered  for 
sale,  pay  to  the  Treasurer  of  said  city  a license  fee  of  two 
hundred  and  fifty  dollars  ($250.00)  per  week  therefor,  and 
upon  the  presentation  of  the  receipt  of  said  Treasurer  to 
the  City  Comptroller  of  said  city,  shall  receive  from  said 
Comptroller  a license  so  to  do.  No  license  shall  be  issued 
for  a less  time  than  one  week  nor  for  a greater  time  than 


BILLIARD  TABLKS,  POOL  TABLES,  ETC. 


411 


four  weeks  in  any  one  period.  Said  applicant  shall  pay  to 
said  city,  throiys^h  its  Comptroller,  a fee  of  one  dollar 
($i.oo)  for  issuing  said  license,  and  the  Comptroller  shall 
keep  a register  of  the  names  of  all  snch  persons  to  whom 
such  licenses  shall  be  issued,  the  length  of  time  for  which 
they  shall  have  been  issued,  and  the  place  where  said  sales 
are  to  be  made. 

The  provisions  of  this  ordinance  shall  not  apply  to 
public  officers  or  persons  making  sales  under  any  order  or 
decree  of  any  court.  Any  person  violating  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof,  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars  ($100.00),  or 
imprisonment  for  any  period  not  exceeding  thirty  days,  or 
both.  Each  day’s  sales  made  in  violation  of  the  provisions 
of  this  ordinance  shall  constitute  a separate  offense. 

699-A  Sec.  2.  That  any  ordinance  or  part  of  any  or- 
dinance in  conflict  herewith  be  and  the  same  is  hereby  re- 
pealed. 

699-B  Sec.  3.  This  ordinance  shall  take  effect  and 
be  in  force  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  ii,  1899.] 

Ordinance  Record  i,  page  256. 


AN  ORDINANCE  regulating  the  use  of  billiard  tables,  pool 
tables,  ete. 

(Approved  March  11,  1887.) 

(Chap.  38,  Revised  Ordinances,  1887.) 

700  Sec.  I.  No  person  shall  have  or  keep  for  gain, 
within  said  city,  or  the  distance  of  two  miles  therefrom,  any 
billiard  table,  pool  table,  bagatelle,  or  pigeon  hole  table,  pin 
allev  or  shooting  gallerv. 

701  Sec.  2.  Whenever  any  person  shall  pay  to  the 
City  Treasurer  on  or  before  the  first  day  of  Jime  of  each 
year  the  sum  of  ten  dollars  ($io.oo)  for  each  billiard,  pool, 
bagatelle  or  pigeon  hole  table,  pin  alley  or  shooting  gallery, 
that  he  shall  own  or  keep,  the  City  Treasurer  shall  give 
snch  person  a commutation  certificate,  stating  the  number 
of  tables,  alleys  or  galleries  upon  which  snch  commutation  is 


Sales  by  pub- 
lic officers 
not  included. 


Penalty. 


Billiard,  pool 
tables,  etc. 


License. 


412 


LAWS  AND  ORDINANCES. 


How  paid. 


Penalty. 


Poles,  license. 


Issued  by 
Comptroller. 


Statement 
filed  each 
year. 


Chart  filed, 
showing  loca- 
tion of  poles. 


granted.  Said  certificate  shall  be  a full  discharge  of  any 
and  all  penalties  due  said  city  under  any  ordinance  of  said 
city,  relating  to  such  tables,  alleys  or  galleries,  until  the 
first  dav  of  June  after  its  execution. 

702  Sec.  3.  Any  person  violating  any  provision  of 
this  chapter  or  ordinance  shall  forfeit  and  pay  a fine  of  not 
more  than  one  hundred  dollars  ($100.00.) 


GENERAL  ORDINANCE  NO.  45. 

AN’  ORDIN ANCE  regulating  the  use  and  maintenance  of 
poles  in  and  upon  the  streets,  alleys  and  public  places  in 
the  City  of  Fort  IVayne,  by  telegraph,  telephone,  electric 
light,  railway,  street  raihvay  and  other  companies,  cor- 
porations, drnis  and  individuals,  providing  a license 
therefor,  fixing  the  fee  to  be  paid  for  said  license  and 
repealing  all  ordinances  in  conflict  therezvith. 

703  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne,  That  no  telegraph  or  telephone 
pole  or  poles  used  by  electric  light,  railway,  street  railway 
or  other  companies,  corporations  or  individuals,  shall  be 
erected  or  maintained  in  the  streets,  alleys  or  other  public 
places  in  the  City  of  Eort  Wayne,  unless  a license  therefor 
shall  first  be  obtained  from  the  City  Comptroller  of  the  said 
Citv  of  Eort  Wayne. 

704  Sec.  2.  It  shall  be  the  duty  of  every  telegraph, 
telephone,  electric  light,  railway,  street  railway  and  all  other 
companies,  corporations  or  individuals  owning  poles  in  the 
streets,  alleys  and  public  places  in  the  City  of  Eort  Wayne, 
to  file  with  the  said  Comptroller,  on  the  first  Monday  of 
March  in  every  year,  a statement  in  writing,  under  oath, 
showing  the  whole  number  of  poles  owned  by  them  in  the 
streets,  alleys  or  other  public  places  in  the  City  of  Fort 
Wayne. 

705  Sec.  3.  It  shall  further  be  the  duty  of  said  com- 
panies, corporations,  firms  and  individuals  to  make  a chart, 
showing  the  streets,  alleys  and  other  public  places  in  the 
City  of  Fort  Wayne  wherein  are  located  the  poles  enum- 
erated in  the  statement  herein  provided,  and  indicate  ac- 


POLES. 


413 


curately  the  position  of  each  of  said  poles  and  file  the  same 
as  a part  of  said  statement. 

706  Sec.  4.  It  shall  be  lawfnl  for  the  Board  of  Pub- 
lic Works  to  cut  down  and  remove  at  any  time  after  said 
statements  and  charts  are  filed  all  poles  not  returned  as 
herein  provided. 

707  Sec.  5.  Said  companies,  corporations  and  indi- 
viduals shall,  on  the  first  Monday  of  March  in  every  year, 
make  application  to  the  said  City  Comptroller  for  a license 
to  maintain  the  poles  owned  by  them  in  the  streets,  alleys 
and  other  public  places  in  said  city  for  the  ensuing  year. 

708  Sec.  6.  Said  companies,  corporations  and  indi- 
viduals shall  pay  into  the  city  treasury  for  the  use  of  said 
City  of  Fort  Wayne,  on  the  first  Monday  of  March,  the 
sum  of  one  dollar  ($1.00)  annually  for  each  and  every  pole 
for  which  a license  shall  be  granted  in  accordance  with  the 
provisions  of  this  ordinance. 

709  Sec.  7.  If  said  City  Comptroller  shall  not  be 
satisfied  as  to  the  correctness  of  any  statement  so  made  by 
any  company,  corporation,  firm  or  individual,  he  shall  have 
the  power  to  require  the  principal  officer  or  any  officer  of 
said  companies  and  corporations,  and  individuals,  to 
appear  before  him  with  books  and  papers  and  submit  to  an 
examination  concerning  said  matters.  If  it  shall  thus  be 
ascertained  by  the  said  City  Comptroller  the  full  number 
of  poles  in  use  has  not  been  returned,  as  above  provided, 
he  shall  order  the  company,  corporation,  firm  or  individual 
in  error  to  pay  into  the  city  treasury  forthwith  the  de- 
ficienev  ascertained  by  said  examination. 

710  Sec.  8.  Any  company,  corporation,  firm  or  in- 
dividual violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  ex- 
ceeding one  hundred  dollars  ($100.00)  nor  less  than 
twenty-five  dollars  ($25.00),  and  each  day’s  default  in  pro- 
curing said  license,  as  hereinbefore  provided,  shall  consti- 
tute a separate  offense. 

7 10- A Sec.  9.  All  ordinances  or  parts  of  ordinances 
or  resolutions  heretofore  made  or  ordained  and  passed, 
which  are  inconsistent  with  the  provisions  of  this  ordinance, 
are  hereby  repealed. 


Board  may  re- 
move all 
poles  not  li- 
censed. 

Application  to 
maintain 
poles,  to  be 
made  each 
year. 

License  fee. 


Power  of 
Comptroller 
to  examine 
books. 


Penalty. 


35 


414 


LAWS  AND  ORDINANCES. 


710-B  Sec.  io.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Fort  Wayne. 
[Approved  January  17,  1896.] 

Ordinance  Record  i,  page  128. 


GENERAL  ORDINANCE  NO.  51. 

AN  ORDINANCE  regulating  the  use  and  maintenance  of 
pipes  or  pipe  lines  in,  along  or  under  the  streets,  alleys 
and  public  places  in  the  City  of  Fort  Wayne,  for  supply- 
ing and  conducting  artificial  and  natural  gas,  providing 
a license  therefor,  fixing  the  fee  to  be  paid  for  said 
license,  and  repealing  all  ordinances  in  conflict  there- 
with. 


Gas  lines. 


License. 


Statement 
filed  with 
Comptroller, 
when. 


Chart  of  line 
filed  with 
statement. 


711  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  pipes  or  pipe  lines  shall 
not  be  maintained  or  used  in,  along  or  under  any  of  the 
streets,  alleys  or  public  places  in  the  City  of  Eort  Wayne 
by  any  company,  corporation,  firm  or  individual,  for  supply- 
ing and  conducting  artificial  and  natural  gas,  unless  a license 
therefor  shall  be  obtained  from  the  City  Comptroller  of  the 
City  of  Fort  Wayne. 

712  Sec.  2.  All  said  companies,  corporations,  firms 
or  individuals  shall  file  with  the  City  Comptroller,  on  the 
first  Monday  of  May  in  every  year,  a statement  in  writing, 
under  oath,  of  the  location,  character  and  length  of  all  pipes 
or  pipe  lines  owned  by  them  in,  along  or  under  any  of  the 
streets,  allevs  or  public  places  in  the  Citv  of  Fort  Wavne. 

713  Sec.  3.  It  shall  further  be  the  duty  of  said 
companies,  corporations,  firms  and  individuals  to  make  a 
chart,  sliowing  the  streets,  alleys  and  other  public  places  in 
the  City  of  Fort  Wayne,  wherein  are  located  the  pipes  or 
pipe  lines  owned  by  them,  and  indicate  accurately  thereon 
the  position  of  each  of  said  pipes  or  pipe  lines,  and  file  the 
same  with  the  statement  herein  provided. 

714  Sec.  4.  Said  companies,  corporations,  firms  and 


.1] 


PIPES  OR  PIPE  LINES. 


415 


individuals  shall,  on  the  first  Monday  of  May  of  every  year, 
make  application  to  the  said  City  Comptroller  for  a license 
to  use  and  maintain  the  pipes  or  pipe  lines  owned  by  them 
in,  along  or  under  the  streets,  alleys  and  other  public  places 
m the  Citv  of  Fort  Wayne  for  the  ensuing  vear. 

715  Sec  5.  Said  companies,  corporations,  firms  and 
individuals  shall  pay  into  the  city  treasury,  for  the  use  of 
the  City  of  Fort  Wayne,  on  the  said  first  Monday  of  May 
annually,  the  sum  of  one-fourth  (1-4)  cent  per  lineal  foot 
for  each  pipe  or  pipe  line  for  which  a license  shall  be 
granted  in  accordance  with  the  provisions  of  this  ordinance. 

716  Sec.  6.  If  said  City  Comptroller  shall  not  be 
satisfied  as  to  the  correctness  of  any  statement  so  made  by 
any  company,  corporation,  firm  or  individual,  he  shall  have 
the  power  to  require  the  principal  officer  or  any  officer  of 
said  companies,  corporations,  firms,  and  individuals,  to 
appear  before  him  with  papers  and  books  and  submit  to  an 
examination  concerning  said  matters. 

717  Sec.  7.  Any  company,  corporation,  firm  or  in- 
dividual violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  ex- 
ceeding twenty-five  dollars  ($25.00)  nor  less  than  five  dol- 
lars ($5.00),  and  each  day's  default  in  procuring  said 
license,  as  hereinbefore  provided,  shall  constitute  a separate 
offense. 

717-A  Sec.  8.  All  ordinances  or  parts  of  ordinances 
or  resolutions  heretofore  made  or  ordained  and  passed, 
which  are  inconsistent  with  the  provisions  of  this  ordinance, 
are  herebv  repealed. 

717-B  Sec.  9.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  some  daily  newspaper  of  general 
circulation  printed  and  published  in  the  City  of  Fort 
Wayne,  Indiana.  [Approved  March  24,  1896.] 

Ordinance  Record,  page  142. 


Application  for 
license,  when 


License  fee. 


Bring  books 
and  papers 
upon  request 
of  Comp- 
troller. 


Penalty. 


Repeal. 


416 


LAWS  AND  ORDINANCES. 


Shooting  gal- 
leries unlaw- 
ful without 
license. 


Theatrical  per- 
formances, 
exhibitions, 
etc.,  license 
for. 


License 
granted  by 
Comptroller. 
Application. 


License,  fees 
required. 


GENERAL  ORDINANCE  NO.  131. 

AN  ORDINANCE  providing  for  the  licensing  and  regula- 
tion of  certain  things,  and  providing  a penalty  for  the 
violation  thereof. 

718  Sec.  I.  It  shall  be  unlawful  for  any  person, 
compaiiy  or  corporation  to  keep  for  hire  or  pay  within  the 
corporate  limits  of  the  City  of  Fort  Wayne,  or  within  two 
miles  thereof,  any  shooting  gallery,  lifting,  striking,  blowing 
or  pulling  machines,  swing  or  revolving  swings  or  other 
device  kept  for  hire  or  pay,  without  first  procuring  a license 
herein  required.  It  shall  likewise  be  unlawful  for  any  per- 
son, company  or  corporation  to  exhibit  or  participate  in 
exhibiting  in  the  City  of  Fort  Wayne,  or  within  two  miles 
thereof,  any  theatrical  performance,  any  show  or  puppets, 
legerdemain,  ventriloquism,  wax  figures  or  animals,  and 
display  of  tumbling  feats,  rope  or  wire  walking  or  dancing, 
or  sleight-of-hand,  skating  rink,  any  circus,  menagerie, 
natural  or  artificial  curiosity,  deception  or  representation,  or 
any  musical  performance  or  concert,  or  any  exhibition  of 
stereopticon  views,  phonographs  or  similar  invention  for  the 
use  of  which  money  is  charged,  either  as  an  entrance  fee  or 
for  each  separate  or  a collection  of  said  instruments,  or  any 
other  display,  show,  exhibition  or  performance  of  a similar 
description,  without  first  procuring  a license. 

719  Sec.  2.  The  license  herein  provided  for  may  be 
granted  by  the  Comptroller  of  the  city  upon  an  application 
being  made  by  the  proper  party,  citing  in  the  application 
the  time,  place  and  character  of  the  exhibition  to  be  given. 
Upon  such  application  being  filed,  the  Comptroller  shall 
issue  an  order  to  the  Treasurer  for  the  payment  of  such 
license  fees  as  hereinafter  provided  and  upon  the  delivery 
of  the  receipt  of  the  Treasurer  to  him  for  the  amount  paid 
shall  issue  said  license. 

For  theatrical  performances  within  doors,  for  which  an 
entrance  fee  of  fifty  (50)  cents  and  over  is  charged,  one 
dollar  ($1.00)  for  each  performance. 

For  theatrical  performances  within  doors,  for  which 
entrance  fees  less  than  fifty  (50)  cents  is  charged,  seventy- 
five  (75)  cents  for  each  performance. 


LICENSING  AND  KEGLLATION. 


417 


For  each  first  class  circus,  hippodrome  or  menagerie, 
not  including  side-shows,  for  which  an  admission  of  fifty 
(50)  cents  and  over  is  charged,  one  hundred  dollars 
($100.00)  per  day. 

For  any  circus,  hippodrome,  menagerie,  not  including 
side-shows,  for  which  an  admission  fee  of  twenty-five  (25) 
cents  and  less  than  fifty  (50)  cents  is  charged,  fifty  dollars 
($50)  per  day. 

For  any  circus,  hippodrome,  menagerie,  for  which  an 
admission  fee  of  less  than  twenty-five  cents  is  charged, 
twenty-five  dollars  ($25.00)  per  day. 

For  each  separate  side-show,  five  dollars  ($5.00)  per 

day. 

I'or  each  dog  or  ])ony  show,  where  twenty  (20)  cents 
admission  and  more  is  charged,  ten  dollars  ($10.00)  per 
day. 

For  each  dog  or  pony  show,  where  less  than  twenty 
»’2o)  cents  admission  fee  is  charged,  six  dollars  ($6.00) 
per  day. 

h'or  each  side-show  to  any  dog  or  pony  show,  three 
dollars  ($3.00)  per  day. 

For  medicine  venders  appearing  under  tents  and  giving 
any  show,  theatrical  performances,  concerts  or  exhibitions, 
whether  for  an  admission  fee  or  free  of  charge,  $5.00 
per  day. 

For  skating  rinks,  one  dollar  ($1.00)  per  day,  when 
such  rink  is  actually  used  and  an  admission  fee  charged. 

For  shooting  galleries,  for  each  target  in  use,  twenty- 
five  dollars  ($25.00)  per  year,  five  dollars  ($5.00)  per 
month,  two  dollars  ($2.00)  per  week,  or  one  dollar  ($1.00) 
per  day. 

For  any  swing,  revolving  swing,  or  whirling,  striking, 
lifting,  blowing,  pulling  or  electric  machines,  telescope,  ring 
board  or  any  other  device  for  hire  or  pay,  per  year,  fifty 
dollars  ($50.00)  ; per  month,  five  dollars  ($5.00)  ; per  week, 
three  dollars  ($3.00)  ; per  day,  one  dollar  ($1.00.) 

For  all  exhibitions  of  ventriloquism,  wax  figures,  an- 
imals, rope  and  wire  walking,  and  tumbling  feats,  sleight- 
of-hand  performances  (not  connected  with  a regular 
licensed  show  or  circus),  or  natural  or  artificial  curiosities. 


418 


LAWS  AND  ORDINANCES. 


Lectures  on 
science  and 
arts,  etc.,  ex- 
cepted. 


License,  how 
long. 

Not  transfer- 
able. 

Subject  to 
ordinances. 


Mayor  may  re- 
fuse to  issue. 


Provisions,  to 
contain. 


Penalty. 


Places  where 
concert  is 
prohibited. 


stereopticon  views,  phonographs  or  any  similar  inventions, 
two  dollars  ($2.00)  per  dav. 

720  Sec.  3.  No  provisions  of  this  ordinance  shall 
be  deemed  to  apply  to  lecturers  on  scientific,  historic, 
benevolent  or  literary  subjects,  or  to  apparatus  for  the 
elucidation  of  the  same,  or  to  specimens  of  fine  arts,  or  to 
any  concert  or  entertainment,  or  the  conducting  of  any  ex- 
hibition, not  indecorous  or  immoral,  the  net  profits  of  which 
are  devoted  exclusively  to  any  religious,  charitable  or 
scientific  purpose. 

721  •Sec.  4.  No  license  shall  be  granted  for  a 
longer  period  than  one  year,  neither  shall  the  same  be  as- 
signable or  transferable  or  authorize  any  person  to  do  busi- 
ness or  act  under  it  but  the  person  named  therein. 

722  Sec.  5.  Every  license  granted  under  this  ordi- 
nance shall  at  all  times  be  subject  to  the  ordinances  of  the 
city  existing  when  the  same  shall  be  issued,  or  which  shall 
thereafter  be  passed  so  far  as  the  same  applies,  and  the 
Mayor  may,  in  his  discretion,  refuse  to  grant  any  such 
license  when  he  has  reasonable  cause  to  believe  that  the 
giving  of  any  such  proposed  exhibition  would  be  a viola- 
tion of  anv  ordinance  of  the  citv. 

723  Sec.  6.  All  licenses  for  entertainments  where  a 
license  is  required  shall  contain  a provision  that  no 
gambling,  raffling,  lottery  or  chance  gift,  distribution  of 
money,  or  any  articles  of  value  shall  be  connected  therewith 
or  allowed  by  the  persons  or  parties  obtaining  such  licenses ; 
or  in  any  way  permitted  or  held  out  as  an  inducement  to 
visitors : also  a proviso  that  no  indecent,  immoral,  lewd 
or  scandalous  play  or  other  representation  or  exhibition 
shall  be  given  under  such  licenses.  Whoever  violates  the 
provisions  of  his,  her  or  their  license  as  aforesaid  shall 
forfeit  and  pay  a fine  of  not  less  than  five  dollars  ($5.00) 
nor  more  than  fifty  dollars  ($50.00)  for  every  ofifense,  and 
it  shall  be  the  duty  of  the  Mayor  to  revoke  the  license  of 
anv  ])erson  or  persons  upon  conviction  of  anv  ofifense. 

724  Sec.  7.  No  person  or  persons  shall  be  allowed 
to  give  any  concert  or  entertainment  in  any  licensed  saloon 
within  the  City  of  Fort  Wayne  and  within  four  miles 
thereof.  Any  person  or  persons  violating  the  provisions  of 


LICENSING  AND  KEGUEATION. 


419 


this  section  shall  be  fined  in  a snin  not  less  than  five  dollars 
($5.00)  nor  more  than  fifty  dollars  ($50.00),  and  shall  have 
his  license  revoked. 

725  Si*:c.  8.  It  shall  be  unlawful  for  any  person  or 
persons  to  destroy,  tear,  mutilate,  cover  over  or  otherwise 
deface  any  bill  or  poster  (posted  in  such  places  as  may  be 
permitted  by  the  owners)  descriptive  of  any  performance  or 
entertainment  given  in  any  licensed  theatre,  hall  or  in  pur- 
suance of  any  license  given  by  the  city,  and  any  person 
violating  the  provisions  of  this  section  shall  be  fined  not 
exceeding  twenty-five  dollars  ($25.00)  for  every  violation 
thereof. 

726  Sec.  9.  No  chairs,  stools  or  seats  of  any  de- 
scription shall  be  placed  across  the  lobby,  aisles  or 
passageways  in  any  theatre,  hall  or  ])ublic  place,  and  it  shall 
be  the  duty  of  the  police  force  to  see  that  the  foregoing 
provision  is  strictly  observed,  and  in  case  of  any  violation 
thereof  forthwith  proceed  to  clear  any  obstructed  aisle,  pas- 
sageway or  lobby  and  to  arrest  the  ofifender  or  offenders, 
who  shall  be  fined  for  such  violation  in  any  sum  not  ex- 
ceeding twentv-five  dollars  ($25.00.  ) 

727  Sec.  to.  It  shall  be  unlawful  for  any  person  or 
persons  to  stand  in  the  lobby  or  entrance  of  any  public  place 
or  on  the  sidewalk  adjacent  to  and  within  fifty  feet  of  such 
entrance  after  the  request  to  “move  on”  has  been  made  by 
the  owner,  lessee  or  any  police  officer,  under  a penalty  of 
one  dollar  ($1.00)  for  everv  such  offense. 

728  Sec.  it.  The  Comptroller  shall  keep  a record 
of  all  licenses  issued  in  a book  kept  for  that  purpose. 

729  Sec.  12.  Any  person  who  shall  violate  any  of 
either  of  the  provisions  of  Sections  i and  2 of  this  ordi- 
nance, or  who  shall  neglect  or  fail  to  comply  with  any  of 
the  requirements  thereof,  shall  upon  conviction,  forfeit  and 
pav  a fine  of  not  more  than  one  hundred  dollars  ($100.00.) 

729-A  Sec.  13.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

729-B  Sec.  14.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  legal  publication.  (Approved  August  8,  1899.] 

Ordinance  Record  i,  page  317. 


Penalty. 


Destroying 
posters  and 
bills. 


Penalty. 


Lobbies  and 
aisles  to  be 
kept  clear. 

Duty  of  police. 


Penalty. 


Standing  in 
lobby  or  en- 
trance. 

Penalty. 


r.scord  kept. 


Penalty. 


420 


LAWS  AND  OKDINANCES. 


Milk  division 
of  Board  of 
Health. 


Under  charge 
of  City  Bac- 
teriologist. 


Milk  analyzed, 
record  kept. 


Annual  report 
filed  with 
Board  of 
Health. 


Assistants,  ap- 
pointment of. 


Assistants  to 
wear  metal 
stars. 

Police  powers, 
extent  of. 


GENERAL  ORDINANCE  NO.  128. 

AN  ORDINANCE  establishing  a division  of  the  Depart- 
ment of  Health,  to  be  knoivn  as  the  “Milk  Division.’’ 

73Q  Sec.  I.  There  is  hereby  established  a division  of 
the  Department  of  Health  and  Charities  of  the  City  of  Fort 
Wayne,  to  be  known  and  designated  as  a “Milk  Division,’" 
which  shall  embrace  the  City  Bacteriologist  and  such  other 
inspectors  and  employes  as  the  Department  of  Health  and 
Charities  may  find  necessary. 

731  Sec.  2.  The  City  Bacteriologist,  under  the 
supervision  of  the  Department  of  Flealth  and  Charities,  shall 
have  charge  of  the  milk  division  of  the  Department  of 
Health  and  Charities,  and  control,  direct,  regulate,  supervise 
and  manage  its  operations.  Said  City  Bacteriologist  shall 
keep  a record  of  every  analysis  or  test  of  milk  or  cream 
that  may  be  made,  and  all  reports  that  are  made  to  him 
under  the  provisions  of  this  ordinance  by  any  and  all  his 
assistants,  all  of  which  shall  be  open  to  the  inspection  of 
the  public.  He  shall  make  an  annual  report  of  the  transac- 
tions, receipts  and  disbursements  which  have  occurred  in 
his  department,  the  Department  of  Health  and  Charities, 
and  such  other  data  as  may  be  of  public  interest.  Said  City 
Bacteriologist  shall  have  the  power  to  give  such  instructions 
to  the  assistants  appointed  by  the  Department  of  Health 
and  Charities  to  carry  out  the  provisions  of  this  ordinance, 
subject  to  the  restrictions  herein  contained,  and  the  rules 
and  regulations  adopted  by  said  Board  as  may  be  necessary 
to  secure  the  proper  observance  thereof. 

732  Sec.  3.  The  Department  of  Health  and  Chari- 
ties shall  appoint  such  assistants  as  may  be  necessary  to 
efficiently  carry  out  the  provisions  of  this  ordinance,  and 
such  assistants  shall,  when  on  duty,  wear  a metal  star,  de- 
signed by  said  City  Bacteriologist,  which  shall  be  supplied 
and  be  the  property  of  the  city.  Such  assistants  shall  have 
the  power  on  demand  made  therefor  to  require  the  aid, 
assistance  or  protection  of  any  police  officer  in  the  per- 
formance of  any  duty  enjoined  herein;  to  arrest  all  persons 
found  violating  any  of  the  terms  or  provisions  of  this  ordi- 
nance, and  shall  have  full  power  to  perform  all  duties  of  a 


BOARD  OF  HEALTH. 


421 


policeman  as  are  now  provided  by  the  laws  and  ordinances 
of  the  city. 

733  Sec.  4.  No  person  or  persons,  firm  or  corpora- 
tion shall  sell  or  offer  for  sale,  expose  for  sale,  dispose  of, 
exchange  or  deliver,  or  with  the  intent  so  to  do,  as  afore- 
said, have  in  his  or  their  possession,  care,  custody  or  control, 
milk  or  cream  for  human  food  without  his  being  licensed 
so  to  do.  To  obtain  such  license,  he,  she  or  it  shall  file  an 
application  with  the  Department  of  Health  and  Charities 
of  said  city  in  the  form  required  by  the  Department  of 
Health  and  Charities,  which  form  shall  require  such  appli- 
cant to  state  where  the  dairy  house  of  such  person  is  sit- 
uated; where  his  depot,  if  any,  is  situated  ; how  many  cows 
he  keeps  or  intends  to  keep  under  such  license ; where  such 
cows  are  kept ; whether  all  the  milk  he  will  sell  will  be  pro- 
duced by  cows  at  such  place,  or  whether  he  intends  to 
purchase  milk ; how  many  wagons,  if  any,  that  such  appli- 
cant desires  to  use  under  such  license.  If  the  Department 
of  Health  grants  such  application,  it  shall  be  the  duty  of 
the  City  Comptroller  to  issue  licenses  upon  receipt  of  said 
application,  properly  signed  and  approved  by  the  said  De- 
partment of  Health  and  Charities,  and  upon  the  payment 
of  one  dollar  ($1.00)  to  the  Comptroller,  said  Comptroller 
shall  issue  a license  to  the  applicant.  If  said  licensee  desires 
to  change  the  same  in  any  particular,  he  shall  file  an  appli- 
cation with  the  Department  of  Health  and  Charities  and 
be  allowed  so  to  do,  and  be  given  a credit  as  to  any  sum 
he  has  paid  on  the  former  license,  and  only  require  to  pay 
the  additional  fee,  if  the  additions  had  been  asked  for  at 
the  time  the  original  license  had  been  asked  for. 

All  licenses  shall  be  granted  for  one  year  from  the  time 
they  are  issued  and  no  longer. 

734  Sec.  5.  No  milk  nor  cream  shall  be  sold  nor 
offered  for  sale,  nor  be  exchanged,  while  being  conveyed 
or  carried  on  any  wagon,  carriage  or  other  vehicle,  or  be 
delivered  from  any  vehicle,  unless  there  shall  be  painted  on 
said  vehicle,  and  on  both  sides  thereof,  in  a conspicuous 
place,  and  in  legible  Roman  characters,  the  name  of  the 
milk  vender  or  the  name  of  the  dairy  furnishing  such  milk 
and  the  number  of  wagon  and  of  the  license  under  which 


Milk  dealers 
licensed. 


Application, 
form  of. 


License  fee. 


Term  of 
license. 

Vehicles  used, 
kind. 


422 


LAWS  AND  ORDINANCES 


Vlilk 

standard. 


Skimmed 
milk  sold, 
how. 


Buttermilk 
sold  how. 


the  same  is  being  done ; also,  any  person  selling  milk  from 
can  carried  by  hand  shall  cause  his  name  and  number  of  his 
license  to  be  painted  on  said  can. 

No  milk  other  than  skim-milk  or  buttermilk  shall  be 
kept  for  sale,  or  offered  for  sale,  or  be  stored,  exchanged, 
transported,  conveyed,  carried  or  delivered,  with  such  intent 
to  sell  or  ofifer  for  sale,  or  be  in  the  care,  custody,  control 
or  possession  of  anyone  with  such  intent,  if  it  contain  more 
than  eighty-eight  (88)  per  centum  of  watery  fluid  or  less 
than  twelve  (12)  per  centum  of  total  solids,  of  which  total 
solids  three  and  one-half  (3  1-2)  per  centum  shall  be  butter 
fat.  Nor  shall  any  cream  be  sold  or  offered  for  sale,  ex- 
changed, delivered  or  be  transported  or  carried  for  purposes 
of  sale,  or  be  offered  for  sale,  exchanged  or  delivered  as 
cream  that  contains  less  than  eighteen  (18)  per  centum  of 
butter  fat,  and  any  milk  that  contains  more  than  eighty- 
eight  (88)  per  centum  of  watery  fluids  or  twelve  (12)  per 
centum  of  total  solids,  of  which  total  solids  less  than  three 
and  one-half  (3  1-2)  per  centum  are  butter  fat,  shall  be 
known  as  skim-milk,  and  shall  only  be  sold  as  skim- 
milk  and  not  otherwise.  • 

735  Sec.  6.  No  skim-milk  shall  be  sold,  offered 
for  sale,  exchanged,  delivered,  transported  or  carried  in 
any  wagon,  carriage  or  other  vehicle  unless  the  same  is 
carried  and  contained  in  a can  or  vessel  painted  red,  on 
which  are  conspicuously  painted  or  printed  the  words 
“skim-milk”  in  large  plain  Roman  letters  not  less  than 
two  inches  long. 

736  Sec.  7.  Nothing  in  this  ordinance  shall  be  so 
construed  as  to  prohibit  the  use  or  sale  of  what  is  known  as 
buttermilk,  provided  the  same  is  procured  from  pure  and 
wholesome  milk.  Should  buttermilk,  however,  be  sold, 
kept,  offered  or  exposed  for  sale,  exchanged  or  transported, 
conveyed  or  carried,  or  be  in  the  care,  custody,  control  or 
possession  of  anyone  with  the  intent  as  aforesaid,  which  is 
not  the  product  of  pure  and  wholesome  milk,  the  offenders 
shall  be  deemed  guilty  of  violating  this  ordinance. 

All  officers  and  assistants  acting  under  and  by  virtue  of 
this  ordinance  shall  have  the  power  to  examine  and  enter. 


AT. 


■1 


BOARD  OF  health. 


423 


and  have  full  access,  egress  and  ingress  to  all  places  where 
milk  or  cream  is  stored  or  kept  for  sale,  to  all  wagons,  car- 
riages or  other  vehicles,  railroad  cars  or  conveyances  of 
any  kind  used  for  the  conveyance,  transportation  or  delivery 
of  milk ; to  any  warehouse,  place  of  business,  factory,  build- 
ing, farm,  stable,  railroad  depot,  establishments  or  places 
of  any  kind ; to  all  vessels,  cans,  packages,  refrigerators  or 
receptacles  of  milk  or  cream ; and  to  take  samples  of  milk 
or  cream  therefrom,  not  exceeding  one  quart,  for  the 
purpose  of  inspecting,  testing  or  analyzing  the  same,  and 
to  make  report  thereof  to  said  City  Bacteriologist.  And 
it  shall  be  his  duty  to  keep  said  report  where  the  public 
can  examine  the  same,  and  furnish  to  any  newspaper  de- 
siring the  same  the  nature  thereof.  All  samples  of  milk 
and  cream  taken  or  brought  to  the  office  of  the  Department 
of  Health  and  Charities  by  the  employes  thereof,  or  by  any 
other  person,  shall  be  analyzed  or  otherwise  satisfactorily 
tested,  and  whenever  and  wherever  said  milk  or  cream  so 
tested  or  analyzed  shall  be  found  violating  the  provisions 
of  this  ordinance,  the  necessary  steps  shall  be  taken  for  a 
prosecution  for  a violation  thereof. 

737  Sec.  8.  No  person,  firm  or  corporation  shall 
sell,  ofifer  for  sale,  expose  for  sale,  exchange,  deliver, 
dispose  of,  transport,  convey  or  carry,  or  with  any  such 
intent  as  aforesaid,  have  in  his  or  their  care,  custody,  con- 
trol or  possession,  any  milk  or  cream  having  or  containing 
any  foreign  or  other  substance  of  any  kind  whatever,  or 
any  coloring  matter,  or  any  adulteration  or  preservative 
whether  for  the  purpose  of  artificially  increasing  the  quan- 
tity of  the  milk  or  cream  or  for  the  preserving  the  condition 
or  sweetness  thereof,  or  any  other  purpose  whatever. 

738  Sec.  g.  No  person  shall  sell,  offer  for  sale,  ex- 
change, deliver,  transport  or  carry,  for  the  purpose  of  sale, 
exchange  or  delivery,  or  have  in  his  custody,  possession, 
care  or  control,  with  intent  to  sell,  offer  for  sale,  exchange 
or  deliver,  or  expose  or  offer  for  sale,  exchange,  transporta- 
tion or  delivery,  any  milk  or  cream  for  human  food  which 
is  unclean,  impure,  unhealthy,  diseased,  unwholesome, 
adulterated  or  not  of  the  standard  or  quality  provided  for 


Officers 
authorized  to 
enter  places 
where  milk  is 
kept. 


Adulteration 
or  coloring 
prohibited. 


Impure  milk, 
sale  of  pro- 
hibited. 


424 


LAWS  AND  OKDINANCKS. 


When  milk 
may  not  be 
sold. 


Hotelkeepers 
and  res- 
taurants sub- 
ject to  ordi- 
nance. 

Penalty. 


Second  viola- 
tion. 

License  re- 
voked. 

Penalty. 


Cow  stables 
examined. 


by  this  ordinance,  or  milk  or  cream  to  which  water  or  any 
foreign  substance  has  been  added,  or  milk  or  cream  pro- 
duced from  sick  or  diseased  cows,  or  milk  or  cream  produced 
from  cows  fed  on  the  refuse  or  slops  from  distilleries,  brew- 
eries, vinegar  factories,  or  any  similar  slop,  mash  or  refuse, 
or  on  any  other  than  good  and  wholesome  food,  or  milk  or 
cream  that  has  been  exposed  to  or  maintained  or  affected  by 
the  emanation,  discharges  or  exhalations  from  any  human 
beings  or  animals  sick  with  any  contagious  or  infectious 
diseases  by  which  the  health  or  life  of  any  person  may  be 
endangered,  compromised  or  in  any  way  affected. 

739  Sec.  10.  No  milk  or  cream  shall  be  sold,  kept, 
offered  or  exposed  for  sale,  stored,  transported,  exchanged, 
carried,  delivered  or  in  any  manner  disposed  of,  drawn  from 
cows  within  fifteen  days  before  and  ten  days  after  parturi- 
tion, nor  shall  the  same  be  mixed  with  any  other  milk  or 
cream  for  such  purposes. 

740  Sec.  II.  Every  hotel  keeper,  restaurant  keeper 
or  boarding  house  keeper  who  furnishes  milk  or  cream  to 
his  or  their  guests  or  boarders  shall  be  in  all  respects  sub- 
ject and  amendable  to  the  provisions  of  this  ordinance, 
saving  and  excepting  the  obtaining  of  license. 

741  Sec.  12.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance,  or  failing  to  do  or  perform  any 
of  the  duties  and  acts  required  to  be  done  by  this  ordinance, 
and  any  officer  or  employe  whose  duties  come  within  the 
purview  of  this  ordinance,  who  wilfully  violates  or  assists 
in  the  violation  of  any  of  the  provisions  of  this  ordinance, 
shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceed- 
ing one  hundred  dollars  ($ioo.oo.) 

If  any  person  is  convicted  of  a second  violation  of  any 
of  the  provisions  of  this  ordinance  committed  after  the 
first  conviction,  the  court  rendering  such  judgment  shall, 
in  addition  to  the  fine,  cancel  any  license  then  held  by  such 
person  enabling  him  to  sell  milk  or  cream  within  the  limits 
of  said  city. 

742  Sec.  13.  It  shall  be  the  duty  of  the  City  Bac- 
teriologist or  one  or  more  of  the  assistants  employed  in 
the  milk  division  of  the  Department  of  Health  and  Chari- 


BOARD  OF  HEALTH. 


425 


ties,  to  visit  and  carefully  examine  each  and  every  stable 
where  cows  are  kept,  from  which  milk  is  produced  or  sold 
under  the  licenses  to  be  issued  under  the  provisions  of  this 
ordinance,  as  often  as  he  thinks  necessary  to  prevent  the 
violations  of  this  ordinance,  which  shall  not  be  less  than 
twice  each  year,  and  make  and  file  a report  of  the  condi- 
tions and  surrounding's  in  which  said  stables  and  the  cattle 
therein  are  kept,  cared  for  and  fed. 

742-A  Sec.  14.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

742-B  Sec.  15.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  July  ii,  1899.] 
Ordinance  Record  i,  page  303. 


GENERAL  ORDINANCE  No.  118. 

AN  ORDINANCE  relating  to  the  public  health  of  the  City 
of  Fort  Wayne,  and  for  the  prevention  and  suppression 
of  infectious  and  contagious  diseases. 

743  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  wherever  smallpox,  scar- 
let fever,  diphtheria  or  any  other  infectious  or  contagious 
diseases  shall  exist  within  the  City  of  Fort  Wayne,  the  De- 
partment of  Health  and  Charities  of  said  city  may,  by  order, 
establish  and  maintain  all  needful  quarantine  stations  and 
limits,  including  public  and  private  houses  and  places. 

744  Sec.  2.  During  the  existence  of  any  smallpox 
or  other  infectious  or  contagious  diseases  within  said  city, 
or  whenever  any  epidemic  of  such  diseases  is,  in  the  judg- 
ment of  such  Department  of  Health  and  Charities, 
threatened  or  there  is  impending  danger  thereof,  such  De- 
partment of  Health  and  Charities  may,  at  such  place  or 
places  as  may  be  provided  therefor,  detain,  or  cause  to  be 
detained,  any  and  all  persons  found  within  the  city  limits, 
and  having  no  place  of  residence  or  abode  therein,  who 
may  be  suspected  of  being  affected  with  such  disease,  until 
such  a time  as  it  may  be  fully  determined  by  said  Depart- 
ment of  Health  and  Charities,  whether  such  persons  are 


Contagious 

diseases. 


Quarantine 

authorized,. 


When  people 
exposed  to 
contagious 
diseases,  de« 
tained. 


36 


426 


LAWS  AND  ORDINANCES. 


Use  of 
buildings, 
contagious 
diseases,  dis- 
continued. 


Sale  of  rags, 
etc.,  prohib- 
ited, wi'icn. 


Sick  room, 
when  disin- 
fected. 


Cards  put  up. 


SO  affected,  and  if  they  are  found  to  be  so  affected,  said 
Department  of  Health  and  Charities  may  remove,  or  cause 
to  be  removed,  such  persons  as  hereinbefore  provided. 

745  Sec.  3.  Said  Department  of  Health  and  Chari- 
ties may  also,  during  such  period  of  the  existence  of  such 
diseases  within  the  limits  stated  in  Section  i,  or  during 
any  periods  of  impending  danger  thereof,  by  order,  dis- 
continue the  use  of  any  building  or  station  or  room  used 
for  the  accommodation  of  tramps,  vagrants  or  others  at 
night  or  other  times.  And  upon  the  discontinuance  of  the 
use  of  any  such  building,  station  or  room  upon  such  order, 
only  such  other  buildrag,  station  or  room  may  be  used  in 
lieu  thereof  for  such  purposes  as  shall  be  provided  by  the 
Board  of  Public  Works,  with  the  approval  of  said  Depart- 
ment of  Health  and  Charities. 

746  Sec.  4.  The  Department  of  Health  and  Chari- 
ties is  hereby  authorized  and  directed  to  prohibit  all  sale 
or  disposition  of  rags,  clothing,  bedding,  carpets  or  furni- 
ture, to  dealers  or  other  parties,  from  dwellings  in  which 
patients  afflicted  with  any  contagious  or  infectious  diseases, 
any  smallpox,  scarlet  fever  or  diphtheria  may  be  or  may 
have  been,  or  the  washing  of  any  clothing  or  other  article 
of  any  kind,  which  may  have  been  used  or  exposed  to  in- 
fection in  the  apartments  of  such  patients,  elsewhere  than 
in  said  dwelling,  until  the  clothing  shall  have  been  dis- 
infected in  a manner  satisfactory  to  said  department,  and 
said  department  is  further  authorized  and  instructed  to 
cause  any  room,  house  or  part  of  a house,  in  which  any 
patient  has  been  confined  by  reason  of  the  existence  of 
contagious  or  infectious  disease  or  diseases,  to  be  imme- 
diately and  thoroughly  disinfected  to  the  satisfaction  of 
said  Board,  and  to  cause  the  burning  of  all  clothing  of 
such  patients  or  other  articles  which  cannot  be  disinfected 
in  a manner  entirely  satisfactory  to  said  department. 

The  department  is  hereby  authorized  to  place  a card 
upon  any  public  or  private  building  containing  any  person 
that  is  afflicted  with  any  contagious  or  infectious  disease, 
and  cause  said  card  to  so  remain  until  the  said  department 
is  satisfied  that  it  can  safely  be  removed.  The  making  or 
washing  of  clothes  for  others  than  that  of  the  family  in 


BOARD  OF  health. 


427 


any  building  in  which  there  exists  contagious  or  infectious 
disease,  or  the  conveyance  of  any  person  who  died  of  small- 
pox, scarlet  fever  or  diphtheria,  or  other  infectious  or  con- 
tagious diseases  in  any  hack  or  conveyance,  is  strictly  pro- 
hibited. Any  person  removing  any  flag,  card  or  signal 
from  any  house  or  any  other  place  where  smallpox,  scarlet 
fever  or  diphtheria  or  other  infectious  or  contagious  dis- 
eases is  existing  without  the  consent  of  the  said  Board,  will 
be  deemed  guilty  of  violating  this  ordinance. 

747  Sec.  5.  In  case  of  smallpox  or  other  infectious 
or  contagious  diseases,  or  of  danger  from  anticipated  or 
impending  infectious  or  contagious  diseases,  or  in  case’ the 
sanitary  condition  of  the  city  should  be  of  such  character  as 
to  warrant  it,  it  shall  be  the  duty  of  said  Department  of 
Health  and  Charities  to  take  such  measures,  and  to  do  and 
order,  and  cause  to  be  done,  such  acts  for  the  preservation 
of  the  public  health,  though  not  herein  or  elsewhere,  or 
otherwise  authorized,  as  they  may  in  good  faith  declare 
the  public  health  and  safety  demand ; and  said  department 
in  matters  affecting  the  public  health  of  said  city,  may  co- 
operate with  the  State  Board  of  Health  whenever  they  deem 
it  necessary  or  expedient  so  to  do. 

748  Sec.  6.  It  shall  be  the  duty  of  all  persons  to 
observe  and  comply  with  all  rules,  regulations  and  orders 
of  the  Department  of  Health  and  Charities  which  shall  be 
made  pursuant  to  this  ordinance.  Any  person  knowingly 
and  willingly  violating  such  rule,  regulations  or  order  shall 
be  fined  in  anv  sum  not  exceeding  fifty  dollars  ($50.00.) 

748-A  Sec.  7.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

748-B  Sec.  8.  Any  person  violating  the  provisions 
of  this  ordinance  shall  forfeit  and  pay  a fine  of  not  more 
than  fifty  dollars  ($50.00)  for  each  and  every  day  of  such 
violation. 


Unlawful  to 
remove 
cards. 


General  pow- 
ers of  Board 
of  Health  de- 
fined. 


Violation 
of  ordinance, 
penalty. 


748-C  Sec.  9.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage,  approval  by  the 
Mayor  and  legal  publication.  [Approved  April  25,  1899.] 
Ordinance  Record  i,  page  275. 


428 


LAWS  A^'D  CKDIKAKCES. 


Laboratory 

bacteriologi- 

cal. 


Power  to 
purchase  ma- 
terial. 

Board  of 
Health. 


Board  of 
Health  to  ex- 
amine water 
in  wells. 

Authorized  to 
go  upon  lots 
and  lands. 


GENERAL  ORDINANCE  NO.  26. 

AN  ORDINANCE  authorizing  the  Board  of  Public  Health 
and  Charities  to  establish,  maintain  and  operate  a bac- 
teriological laboratory  for  the  purpose  of  diagnosing 
cojitagious  diseases. 

749  Sec.  I.  Be  it  ordained  by  the  Conunon  Council 
of  the  City  of  Fort  Wayne,  That  the  Board  of  Public 
Health  and  Charities  may,  and  it  is  hereby  authorized  and 
empowered  to  establish,  maintain  and  operate  a bacteriolo- 
gical laboratory  for  the  purpose  of  diagnosing  contagious 
diseases,  and  said  Board  is  hereby  empowered  and  may 
purchase  all  necessary  material  and  apparatus,  and  hire 
all  necessary  labor  for  the  purpose  of  establishing  and 
operating  said  laboratory.  The  same  to  be  under  the  con- 
trol and  direction  of  the  Board  of  Health  and  Charities 
of  said  city. 

749-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  January  8,  1895.] 

Ordinance  Record  i,  page  97. 


GENERAL  ORDINANCE  NO.  107. 

AN  ORDINANCE  to  further  promote  and  secure  the  public 
health  of  the  City  of  Fort  Wayne,  conferring  upon  the 
Department  of  Health  and  Charities  the  authority  to 
condemn  water,  and  the  authority  to  compel  persons 
and  corporations  to  empty  and  clean  receptacles  and 
lots  at  stated  intervals. 

750  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  Department  of  Health 
and  Charities  of  said  City  of  Fort  Wayne  is  hereby  granted 
full  power  and  authority  to  enter  upon  any  lot  or  into  any 
building  within  said  city  for  the  purpose  of  making  an 
examination  of  the  water  furnished  the  occupants  thereof, 
an  analysis,  chemically  or  otherwise,  of  such  water  for 
the  purpose  mentioned,  and  to  condemn  and  forbid  the  use 
of  any  such  water  after  the  same  shall  have  been  analyzed 


department  of  health  and  charities. 


429 


and  found  to  be  impure  and  detrimental  to  the  public 
health,  and  said  Department  of  Health  and  Charities  shall 
adopt  such  means  to  prevent  the  further  use  of  any  such 
water  so  condemned  as  shall  best  subserve  the  general  public 
health,  and  as  shall  be  most  convenient  and  practicable, 
and  shall  immediately  after  condemning  such  water  forbid 
all  persons  as  far  as  practicable  from  using  such  water 
thereafter  for  anv  domestic  use. 

751  Sec.  2.  Any  person  or  persons,  who  by  him- 
self, clerk,  servant,  agent  or  employe,  shall  draw  or  pump 
any  such  water  to  be  used  for  domestic  purposes,  after 
having  been  forbidden  so  to  do  by  said  Department  of 
Health  and  Charities,  or  knowingly  permits  any  other  per- 
son to  use  any  of  such  water  so  condemned  for  any  domestic 
purpose,  after  having  been  so  forbidden  to  do,  shall, 
upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars  ($ioo.oo.) 

752  Sec.  3.  The  Department  of  Health  and  Chari- 
ties of  the  City  of  Fort  Wayne  is  hereby  authorized  and 
empowered  to  compel  any  person  or  persons  or  corpora- 
tions, who  maintain  any  receptacle  into  which  is  deposited 
from  time  to  time  manure,  ofifal,  garbage,  not  including 
kitchen  garbage,  or  who  shall  deposit  from  day  to  day 
manure,  offal  or  garbage  upon  any  lot,  within  said  city,  to 
remove,  or  cause  to  be  removed  and  conveyed  away,  any 
and  all  such  manure,  offal  or  garbage  so  deposited  in  any 
such  receptacle  or  upon  any  such  lot  as  often  ^s  said  De- 
partment of  Health  and  Charities  shall,  in  its  opinion,  con- 
sider necessary  that  the  same  be  done  in  order  to  promote 
and  secure  the  public  health  of  said  citv. 

753  Sec.  4.  Any  person  or  persons  or  corporation 
who  shall  fail  or  refuse  to  remove  or  convey  away,  or  cause 
to  be  removed  and  conveyed  away,  any  such  manure,  offal 
or  garbage,  not  including  kitchen  garbage,  so  deposited  in 
any  receptacle  or  upon  any  lot  at  such  stated  times  as  they 
shall  be  notified  by  said  Department  of  Health  and  Chari- 
ties so  to  do,  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  ($100.00.) 

753-A  Sec.  5.  All  ordinance’s ‘in  cbnfiict 'herewith 
are  hereby  repealed. 


Power  to  con- 
demn. 

Forbidding 
people  to  use 
water  of 
wells,  when. 


Penalty  for  al- 
lowing others 
to  use  it. 


To  clean  re- 
ceptacles 
containing 


filth. 


Failure  to  re- 
move ma- 
nure, etc. 


Penalty. 


430 


LAWS  AND  ORDINANCES. 


Cattle,  yards, 
pens,  etc. 


How  kept. 


Penalty. 


Slaughtering 
houses,  ren- 
dering. 


Penalty. 


Permits  and 
licenses. 


Bond  required. 


753-B  Sec.  6.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  ii,  1899.] 
Ordinance  Record  i,  page  258. 


GENERAL  ORDINANCE  NO.  157. 

AN  ORDINANCE  relating  to  nuisances. 

754  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  any  person,  company  or 
corporation  who  shall  own,  keep  or  use  any  yard,  pen, 
place  or  premises  within  the  City  of  Fort  Wayne,  in  or 
upon  which  cattle,  sheep  or  hogs  are  kept  for  slaughtering 
purposes,  shall  be  required  to  keep  them  in  such  a manner 
as  not  to  be  offensive  to  those  residing  in  the  vicinity  or 
an  annoyance  to  the  public,  and  upon  a failure  to  so  keep 
and  maintain  such  yards,  pens  and  places,  said  person,  com- 
pany or  corporation  shall  be  deemed  guilty  of  maintaining 
a nuisance. 

755  Sec.  2.  Any  person  who  shall  carry  on  or  oc- 
cupy any  distillery,  slaughtering  establishment,  tannery  or 
establishing  for  steaming  or  rendering  lard,  tallow,  offal, 
dead  animals  or  other  substances  of  like  manner  within  the 
limits  of  the  City  of  Fort  Wayne,  or  within  the  distance  of 
two  miles  therefrom,  without  permission  of  the  Board  of 
Public  Health,  to  be  granted  in  the  manner  hereinafter 
provided,  shall  be  deemed  guilty  of  maintaining  a nuisance : 
Provided,  That  as  to  such  places  already  located  and  main- 
tained such  permits  are  not  required. 

756  Sec.  3.  Any  person  desirous  of  obtaining  a 
permit  under  the  provisions  of  this  ordinance  shall  make 
application  therefor  to  the  Board  of  Health  in  writing, 
stating  the  business  he  is  desirous  of  pursuing  and  specify- 
ing the  premises  upon  which  the  same  is  to  be  conducted. 
If  such  application  shall  be  granted,  the  applicant  shall  be 
thereupon  required  to  enter  upon  a bond  with  one  or  more 
sureties  to  be  approved  by  the  Mayor,  in  the  penal  sum  of 
not  less  than  one  hundred  dollars  ($100.00)  nor  more  than 
two  thousand  dollars  ($2,000.00),  conditioned  that  such 


NUISANCES. 


431 


applicant  will  faithfully  comply  with  all  the  requirements 
of  this  ordinance  and  such  other  ordinance  or  ordinances 
which  may  hereafter  be  passed  by  the  Common  Council 
on  this  subject;  and  upon  the  execution  and  delivery  of 
said  bond,  it  shall  be  the  duty  of  the  Comptroller  to  issue 
a license  to  the  applicant  under  the  corporate  seal.  The 
license  issued  shall  be  subject  to  revocations  by  the  Mayor 
upon  recommendation  of  the  Board  of  Public  Health. 

757  Sec.  4.  No  person  obtaining  a license  for  any 
business,  employment  or  purpose  mentioned  in  the  pre- 
ceding section,  or  conducting  or  carrying  on  any  such  bus- 
iness or  employment  within  the  limits  of  the  city,  or  within 
the  distance  of  two  miles  therefrom,  shall  place,  cause  or 
permit  to  be  placed,  or  permit  or  suffer  to  remain  on  his 
premises  as  aforesaid,  any  blood,  bones,  offal,  filth,  still  slops 
or  other  offensive  matter  for  a longer  period  than  twenty- 
four  hours  at  any  one  time,  from  the  first  day  of  March 
to  the  first  day  of  November  in  any  year,  or  exceeding 
forty-eight  hours  during  any  other  part  of  the  year.  Every 
such  person  shall  at  all  times  keep  his  premises  in  a clean, 
healthy  and  inoffensive  condition. 

758  Sec.  5.  No  distiller,  tanner,  butcher,  pork  and 
beef  packer,  soap  boiler,  tallow  chandler,  dyer,  livery  stable 
keeper  or  other  person  whatever  shall  cause  or  suffer  any 
offal,  manure,  rubbish,  filth,  still  slops  or  any  refuse,  animal 
or  vegetable  matter,  or  any  flow  from  any  premises  owned 
or  occupied  by  him,  or  to  be  thrown  into,  deposited,  or  left 
in  any  pond,  hole  or  water  course  within  the  jurisdiction 
of  the  city,  or  in  or  upon  any  street,  alley,  public  square, 
vacant  lot  or  river  bank  within  said  city. 

759  Sec.  6.  No  person  shall  permit  or  suffer  any 
substance  of  the  nature  mentioned  in  the  preceding  section, 
which  is  liable  to  become  putrid  or  offensive  or  injurious 
to  the  public  health,  to  remain  on  any  premises  owned  or 
occupied  by  him  for  a longer  period  than  twenty-four  hours 
at  any  one  time  of  any  year,  but  the  same  shall  be  removed 
and  disposed  of  in  a way  that  may  not  be  offensive  to  the 
public. 

760  Sfx.  7.  No  person  shall  steam,  boil  or  in  any 


Offal,  disposed 
of. 


Refuse  not  de- 
posited or 
left  in  any 
pond. 


Length  of 
time  allowed 
to  remain. 


432 


LAWS  AND  ORDINANCES. 


Rendering 

lard. 


Soap  factories, 
not  to  be  of- 
fensive. 


Green  hides 
not  allowed 
on  sidewalks. 

Livery  or 
other  stable 
yards  to  be 
kept  clean. 


Carts  used  for 
hauling  offal 
or  night  soil, 
how 

constructed. 


City  Attorney, 
prosecute 
violators. 


Board  of 
Health  and 
police, 
powers  of. 


Notice  given. 


way  render  any  offal,  tainted  or  damaged  lard  or  tallow, 
or  steam  or  render  any  animal  substance,  in  such  a manner 
as  to  cause  an  offensive  smell,  or  which  will  by  undergoing 
such  process  so  taint  the  air  as  to  render  it  unwholesome 
and  offensive  to  smell,  within  the  limits  of  the  City  of  Fort 
Wayne,  or  within  the  distance  of  two  miles  therefrom. 

761  Sec.  8.  No  owner  or  occupant  of  any  shop,  soap 
factory,  distillery,  tannery,  livery  stable,  cattle  or  other 
shed,  barn,  packing  house,  slaughtering  house  or  rendering 
establishment,  shall  suffer  the  same  to  become  noxious,  foul 
or  offensive. 

762  Sec.  9.  No  person  shall  allow  any  green  or 
salted  hides  to  remain  on  any  street,  sidewalk  or  other 
place  within  the  city,  longer  than  one  hour. 

763  Sec.  10.  The  keeper  of  any  livery  or  other 
stable  shall  keep  the  stable  and  stable  yard  clean  and  shall 
not  permit,  from  the  first  of  April  to  the  first  of  November, 
more  than  two  cart  loads  of  manure  to  accumulate  in  or 
near  the  same  at  any  one  time. 

764  Sec.  II.  Any  cart,  wagon  or  other  vehicle  used 
or  intended  to  be  used  for  the  purpose  of  conveying  swill, 
offal,  garbage,  excrement,  ordure,  or  night  soil,  shall  be 
perfectly  tight  and  covered  so  as  to  prevent  the  contents 
thereof  from  leaking  or  spilling,  and  such  cart,  wagon  or 
other  vehicle,  when  not  in  use,  shall  not  be  allowed  to  stand 
in  any  highway,  street,  alley,  lane,  public  place  or  square. 

765  Sec.  12.  For  the  purpose  of  carrying  the  fore- 
going provisions  into  effect,  it  shall  be  the  duty  of  the 
Board  of  Public  Health  and  of  all  members  of  the  police 
force  to  ascertain  from  time  to  time  all  violations  of  this 
ordinance,  and  to  report  the  same  to  the  City  Attorney 
for  prosecution ; and  for  this  purpose  they  shall  be  per- 
mitted at  all  times  to  visit  or  enter  into  or  upon  any  building, 
lot  or  grounds  within  the  limits  of  said  city,  or  within 
the  distance  of  two  miles  therefrom,  and  make  examination 
thereof. 

766  Sec.  13.  In  all  cases  where  a nuisance  shall  be 
found  in  any  building,  or  upon  any  ground,  or  other  prem- 
ises within  the  limits  of  said  city,  or  within  the  distance  of 


NUTSANCEvS. 


433 


two  miles  therefrom,  not  more  than  twenty-four  hours  and 
not  less  than  five  hours’  notice  shall  be  given  in  writing, 
signed  by  the  Board  of  Health  or  by  any  member  thereof, 
to  the  owner  or  occupant  of  such  building  or  other  prem- 
ises where  he  is  known  and  can  be  found,  to  remove  such 
nuisance,  and  in  case  of  refusal  or  neglect  to  abate  the  same 
in  accordance  with  such  notice,  the  Board  of  Health  shall 
remove  the  same,  or  cause  it  to  be  removed,  and  the  ex- 
penses which  may  be  incurred  in  the  removal  thereof  shall 
be  reported  to  the  Board  of  Public  Works,  giving  a de- 
scription of  the  lots  or  other  premises  liable  therefor  and 
the  amount  for  which  each  is  chargeable.  The  Board  of 
Public  Works  shall  thereupon  assess  the  said  expenses,  by 
resolutions,  upon  such  lots,  respectively.  If  such  expense 
is  due  and  owing  to  any  third  party,  the  Board  of  Public 
Works  shall  provide  such  person  with  a copy  of  the  assess- 
ment made,  and  shall  be  enforced  by  the  party  owning  the 
assessment  in  the  same  manner  that  street  and  sewer  assess- 
ments are  enforced.  If  the  city  has  paid  the  expenses  of 
such  removal  out  of  the  general  fund  or  any  special  fund, 
said  city  shall  recover  the  amount  so  paid  out  together  with 
costs  by  an  action  of  foreclosure  of  said  assessment  lien  in 
the  same  manner  that  other  street  and  sewer  assessments 
are  collected  under  the  law  governing  cities  of  Fort 
Wavne’s  population. 

767  Sec.  14.  Any  person  violating  any  provision  of 
this  ordinance  or  failing,  refusing  or  neglecting  to  comply 
with  its  mandates  shall,  upon  conviction,  be  fined  in  any 
sum  not  more  than  one  hundred  dollars  ($100.00)  or  less 
than  one  dollar  ($1.00.) 

767-A  Sec.  15.  That  Chapter  30,  Revised  Ordi- 
nances of  the  City  of  Fort  Wayne,  is  hereby  repealed,  as  are 
all  other  ordinances  in  conflict  herewith. 

767-B  Sec.  16.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  26th,  1900.] 

Ordinance  Record  i,  page  390. 


Abatement, 
how  made. 


Costs 

recovered. 


Penalty. 


434 


LAWS  AND  ORDINANCES. 


Slaughter 

houses. 


Location. 

Penalty. 


Dead 

animals. 

Hauling  away. 
Penalty. 


AN  ORDINANCE  relating  to  the  loeation  and  use  of 

slaughter  houses. 

(Revised  Ordinances,  1887.) 

768  Sfx.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  from  and  after  the  passage 
and  due  publication  of  this  ordinance,  it  shall  be  unlawful 
for  any  person  to  use  or  cause  to  be  used  for  a‘  slaughter 
house,  any  house,  shed  or  building  not  then  in  use,  for  such 
purpose,  within  the  limits  of  said  city  or  within  the  distance 
of  one  mile  from  such  limits. 

769  Sec.  2.  Any  person  violating  this  ordinance  or 
any  provisions  herein  shall,  upon  conviction,  forfeit  and  pay 
a fine  to  said  city  of  pot  less  than  one  dollar  ($i.oo)  nor 
more  than  one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  nth  day  of  January,  1887. 

CHARLES  F.  MUHLER,  Mayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


AN'  ORDINANCE  relating  to  dead  animals. 

770  Sec.  I.  Be  it  ordained  by  the  Common  Coiineil 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  for 
any  scavenger  or  other  person  to  haul  or  convey  through, 
upon,  or  across  or  over  any  street  or  alley  of  the  city  any 
dead  horse,  cow,  dog  or  other  animal,  unless  the  same  be 
covered  with  tarpaulin  or  otherwise  hidden  from  view. , 

770-A  Sec.  2.  Any  person  violating  this  ordinance 
or  any  provision  thereof  shall,  upon  conviction,  forfeit  and 
pay  a fine  to  said  City  of  Fort  Wayne  of  not  more  than 
one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  nth  day  of  October,  1887. 

CHARLES  E.  MUHLER,  Mayor. 

Attest : W.  W.  ROCKHILL,  City  Clerk. 


435 


KITCHEN  GARBAGE. 

GENERAL  ORDINANCE  NO.  124. 

AN  ORDINANCE  regulating  the  gathering  and  eremation 
of  kitehen  garbage,  and  the  earrying  away  of  tin  cans 
and  broken  dishes,  etc. 

771  Sec.  I.  It  shall  be  the  duty  of  the  Board  of 
Public  Works  to  provide  for  the  collection  and  cremation  of 
all  kitchen  garbage  that  may  be  furnished  by  residents  of 
the  city  of  Fort  Wayne,  except  that  of  hotels,  saloons  and 
boarding  houses,  and  to  haul  away  all  tin  cans  and  broken 
dishes,  provided  that  the  same  is  placed  within  the  reach 
of  garbage  collectors,  and  to  that  end  said  Board  of  Works 
is  authorized  and  directed  to  secure  competent  and  efficient 
men  to  collect,  and  convey  to  the  city  crematory,  all  such 
garbage  at  least  twice  each  week,  from  the  first  day  of  May 
to  the  first  day  of  October  of  each  year,  and  at  least  once 
each  week  for  the  balance  of  the  year,  and  to  likewise 
carry  away  tin  cans  and  broken  dishes,  if  collected  in  the 
manner  herein  provided. 

772  Sec.  2.  That  for  the  purpose  of  promoting  the 
health  and  comfort  of  the  citizens,  and  the  cleanliness  of 
the  city,  and  preventing  noxious  and  offensive  odors 
therein,  and  for  the  purpose  of  facilitating  and  assisting 
the  Board  of  Public  Works  of  said  city  in  collecting,  con- 
veying and  disposing  of  kitchen  garbage,  provided  for  in 
Section  i,  and  for  the  carrying  away  of  tin  cans  and  broken 
dishes,  it  shall  be  unlawful  for  any  person  to  throw  out, 
empty  or  place  on  any  lot,  ground,  street  or  alley  in  this  city 
any  kitchen  garbage,  slops,  vegetables  or  animal  waste,  par- 
ing, refuse  or  offal,  commonly  called  garbage,  at  any  time ; 
but  each  and  every  person  making,  having  or  necessitating 
any  such  garbage  herein  designated  shall  put  the  same  and 
every  part  thereof,  except  the  drainage,  in  a wooden  box 
with  tin,  iron  or  metal  lining,  and  provided  with  a covering 
to  keep  out  rain  and  snow ; each  box  to  be  placed  at  a con- 
venient place  for  city  garbage  collectors,  either  in  alley  or 
just  inside  fence  or  barn,  out  of  reach  of  or  disturbance  of 
animals  and  vehicles,  and  every  head  of  a family,  or  other 
person  occupying  or  having  control  or  authority  over,  in  or 
upon  any  place  or  premises  where  such  garbage  is  made, 


Kitchen 

garbage. 


Conveyed  to 
crematory, 
when. 


Unlawful  to 
place  kitchen 
garbage  on 
lots,  streets 
or  lands. 


To  be  placed 
in  wooden 
boxes. 


436 


LAWS  AND  OKDINANCES. 


Tin  cans  and 
dishes  placed 
in  separate 
boxes. 


Penalty. 


Removal  of 
unwholesome 
substance 
from  houses. 


To  clean 
vaults,  cel- 
lars, etc. 


except  saloons,  hotels,  restaurants  and  boarding  houses,  shall 
be  required  to  see  to  the  collecting,  securing  and  depositing 
of  all  said  garbage  in  the  manner  as  -in  this  ordinance 
provided. 

It  shall  be  unlawful  to  mix  tin  cans  and  broken  dishes, 
yard  or  house  sweepings  with  kitchen  garbage,  but  when 
tin  cans  and  broken  dishes  are  collected  and  placed  in  a box 
in  a convenient  place  for  garbage  gatherers  the  same  will 
be  removed  without  expense  to  property  owners. 

773  Sec.  3.  Any  person  violating  ^ny  provision  of 
this  section,  or  failing  or  neglecting  to  perform  either  one 
or  more  of  the  duties  herein  imposed,  shall,  upon  conviction, 
be  fined  for  any  violation  on  any  day  or  for  each  day  pf 
any  such  failure  or  neglect  of  duty  in  any  sum  not  exceed- 
ing'fiftv  dollars  ($50.00.) 

773-A  Sec.  4.  All  ordinances  and  parts  of  ordi- 
nances in  confiict  herewith  are  herebv  repealed. 

773-B  . Sec.  5.  This  ordinance  shall  be  in  full  force 
from  and  after  its  passage,  approval  by  the  IMayor  and 
legal  publication.  [Approved  June  27,  1899.] 

Ordinance  Record  i,  page  287. 


GENERAL  ORDINANCE  NO.  iii. 

AN  ORDINANCE  compelling  inhabitants  of  the  City  of 
Fort  JVaync  to  disinfect  their  premises,  and  to  remove 
all  impure  and  nimdiolesomc  substances. 

774  Sec.  I.  Be  it  ordained  by  the  Common  Conned 
of  the  City  of  Fort  JVayne,  That  it  shall  be  the  duty  of  every 
owner  or  occupant  of  any  dwelling  house,  building  or  struc- 
ture of  any  kind  or  description  whatsoever,  to  cause  or  to 
be  removed  therefrom  and  properly  disposed  of  all  unwhole- 
some or  impure  Lubstances  of  every  kind  and  description 
whatsoever.  It  shall  be  the  duty  of  every  owner  or  occupant 
to  cause  all  cellars,  privies,  rooms,  halls  and  outbuildings 
to  be  kept  and  maintained  at  all  times  in  such  order  and 
condition  so  that  the  same  shall,  in  no  wise,  be  foul,  un- 
healthy or  noisome.  Any  person  who  shall  violate  the  pro- 
visions hereof  shall  be  fined  in  any  sum  not  exceeding  one 


DISINFECT  PREMISES. 


437 


hundred  dollars  ($100.00)  ; and  each  and  every  day’s  con- 
tinuance shall  be  deemed  a distinct  offense. 

775  Sec.  2.  It  shall  be  the  duty  of  every  owner  or 
occupant  of  any  dwelling-  house,  building  or  structure  of 
any  description  whatsoever,  to  disinfect  the  same,  in  such 
a manner  as  directed  by  the  Department  of  Health  and  Char- 
ities, and  all  of  said  persons  who  shall  fail  or  refuse  so  to 
disinfect  such  premises,  for  the  space  of  twenty-four  hours 
after  notice,  shall  be  fined  upon  conviction,  in  any  sum  not 
exceeding  one  hundred  dollars  ($100.00),  and  every  twelve 
hours’  failure  shall  be  deemed  a separate  and  distinct  offense, 
and,  as  such,  prosecuted  and  punished. 

776  Sec.  3.  It  shall  be  the  duty  of  each  and  every 
physician  called  to  attend  a case  of  cholera  to  cause  all 
evacuations,  or  stools  to  be  properly  disinfected  and  so 
disposed  of  as  not  to  cause  the  spread  of  the  disease. 

777  Sec.  4.  All  members  of  the  police  force  and 
the  employes  of  the  Department  of  Health  and  Charities  are 
charged  with  the  exact  and  strict  enforcement  of  this  ordi- 
nance, and  it  is  made  their  duty  to  pro])erly  inspect  all 
premises  within  their  beats  or  districts,  and  to  cause  prosecu- 
tions to  be  at  once  instituted.  Any  officer  or  member  of  the 
police  force,  or  employe  of  the  Department  of  Health  and 
Charities,  failing  or  neglecting  the  performance  of  the  duty 
herein  enjoined  shall  at  once  be  removed  from  office. 

778  Sec.  5.  The  Department  of  Health  and  Chari- 

ties or  any  member  thereof,  and  any  officer  of  the  city 
clothed  with  police  powers,  shall  have  full  and  complete 
authority  to  enter  any  and  all  premises,  houses  or  buildings 
for  the  purpose  of  enforcing  this  ordinance,  or  for  the  pur- 
pose of  inspecting  and  examining  the  same.  Anv  person 
who  shall  prevent,  or  attempt  to  prevent,  any  such  entrance 
shall  be  fined,  upon  conviction,  in  any  sum  not  exceeding 
one  hundred  dollars  ($ioo.oo)  : Provided,  however.  Before 

making  any  such  entrance  due  request  for  permission  shall 
have  been  made  at  proper  and  reasonable  hours. 

778-A  Sec.  6.  All  ordinances  in  conflict  herewith 
are  hereby  repealed. 

778-B  Sec.  7.  Hiis  ordinance  to  be  in  full  force  and 


Hours  to  dis 
infect. 


Vessels  in 
sick  room 
disinfected. 

Duty  of 
physician. 

Police  officers 
to  inspect 
and  enforce 
ordinance. 


Board  of 
Health  and 
police  officers 
right  to  en- 
ter houses, 
when. 


438 


LAWS  AND  OKDINANCES. 


Noxious 
weeds  a 
nuisance. 


To  permit 
noxious 
weeds  to 
grow  un- 
lawful. 


Board  of 
Health  to  in- 
spect lots 
and  streets 
as  to  weeds. 


effect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  April  25,  1899.] 

Ordinance  Record  i,  page  265. 


AN  ORDINANCE  providing  for  the  destruction  of  zveeds 

and  noxious  plants  zvithin  the  City  of  Fort  Wayne. 

779  Sec.  I.  Be  it  ordained  by  the  Coinnion  Council 
of  the  City  of  Fort  Wayne,  That  the  growth  of  weeds  or 
noxious  plants  within  the  City  of  Fort  Wayne,  being  deemed 
injurious  to  public  health,  is,  within  the  limitations  herein- 
after set  forth  in  this  ordinance,  hereby  declared  to  be  a 
nuisance. 

780  Sec.  2.  That  it  shall  be  unlawful  for  the  owner 
or  owners  of  any  lot  or  ground  within  the  Citv  of  Fort 
Wayne  to  allow  the  same,  or  any  street  or  alley  upon 
which  said  lot  or  ground  abuts,  to  become  overgrown  with 
weeds  or  noxious  plants  to  such  an  extent  that  such  over- 
growth, within  the  opinion  of  the  Board  of  Public  Health, 
is  detrimental  to  public  health  and  comfort. 

781  Sec.  3.  That  it  shall  be  the  duty  of  the  Board 
of  Public  Health  of  said  city,  through  the  sanitary  officers 
employed  by  said  department  from  time  to  time,  to  make 
careful  inspection  of  all  the  lots,  grounds,  streets  and  alleys 
situated  within  the  City  of  Fort  Wayne,  for  The  purpose  of 
determining  whether  or  not  any  weeds  or  noxious  plants 
have  been  permitted  to  grow  thereon  of  a character  or  to 
such  an  extent  that  they  are  or  about  to  become  injurious 
to  the  health  or  comfort  of  the  citizens  of  said  city ; that 
it  shall  be  the  duty  of  said  sanitary  officers,  from  time  to 
time,  to  make  report  to  said  Board  of  Public  Health  of  the 
result  of  their  investigations.  Whenever  such  officer  or  offi- 
cers shall  discover  any  lot,  ground,  street  or  alley  upon 
which  weeds  or  noxious  plants  have  been  permitted  to  grow 
of  a character  or  to  such  an  extent  as  to  be  about  to  become 
injurious  to  public  health,  they  shall  make  prompt  report 
thereof,  in  writing,  to  said  Board  of  Public  Health,  giving 
the  name  or  names  of  the  owner  or  owners  of  such  lot  or 
ground  upon  which  said  weeds  have  been  permitted  to 


WEEDS  AND  Noxious  plants. 


439 


grow,  or  the  name  or  names  of  the  owner  or  owners  of 
the  lot  or  ground  abutting  upon  the  street  or  alley  upon 
which  said  weeds  have  been  permitted  to  grow.  There- 
upon, said  Board  of  Public  Plealth  shall  make  full  examina- 
tion into  the  facts  so  reported,  and  if,  in  their  judgment, 
the  weeds  or  noxious  plants  therein  referred  to  are  injurious 
to  public  health,  they  shall  so  find  and  order  such  weeds 
abated  and  destroyed  as  a nuisance.  Their  conclusions  shall, 
in  all  cases,  be  reduced  to  writing  and  placed  on  record  in 
the  office  of  the  Board  of  Public  Health. 

Thereupon  said  Board  of  Public  Health  shall  require  a 
written  notice  to  be  served  upon  the  owner  or  owners  of 
said  lot  or  ground,  directing  that  the  weeds  growing  on 
said  lot  or  grounds,  or  in  the  street  or  alley  upon  which 
said  lot  or  ground  abuts,  as  the  case  may  be,  shall  be  cut  or 
burned  or  otherwise  removed  therefrom  in  the  manner  in 
which  said  Board  of  Public  Health  shall  order  in  said  notice. 

Said  notice  shall  be  served,  either  personally  on  the  de- 
fendant, or  by  leaving  a copy  thereof  at  his  last  and  usual 
place  of  residence,  and  the  original  thereof,  with  the  time 
of  service  endorsed  thereon,  shall  be  returned  to  said  Board 
of  Public  Health.  In  case  such  owner  is  unknown,  or  is 
not  a resident  of  said  city,  said  Board  shall  cause  a notice 
to  be  published  in  a daily  newspaper  of  general  circulation 
for  three  days  in  one  week. 

782  Sec.  4.  That  if  the  owner  or  owners  or  their 
agent  upon  whom  the  notice,  hereinafter  required,  shall  have 
been  served,  fails  to  remove  said  weeds,  as  in  such  notice 
directed,  within  three  days  from  the  time  of  its  service,  or 
after  the  last  day  of  publication,  as  the  case  may  be,  said 
Board  of  Health  shall  order  that  the  same  be  done  by  the 
proper  officer  or  officers  of  their  department,  and  that  the 
cost  thereof  shall  be  promptly  reported  to  them.  Thereupon, 
said  Board  of  Public  Health  shall  certify  the  cost  of  re- 
moving said  weeds  to  the  City  Comptroller,  to  be  paid  out 
of  any  moneys  appropriated  for  that  purpose.  The  Comp- 
troller, upon  the  payment  of  said  claim,  shall  present  the 
same  to  the  owner  or  owners  of  said  lands  or  lots  for  repay- 
ment of  the  amount  expended  by  the  city  in  clearing  said 


Notice  to 
owners  to  cut 
weeds. 


Notice,  how 
served. 


Publication, 

when. 

Failure  to  cut. 


Board  to  have 
work  done. 


Money  appro- 
priated by 
city. 


440 


LAWS  AND  ORDINANCES. 


Record  in  ac- 
tion of  debt 
by  city. 

Misdemeanor. 


Penalty. 


Smoke  stacks 
and 

chimneys. 


How 

constructed. 


Violation, 

penalties. 


property,  and  in  case  that  the  owner  shall  refuse  to  pay  the 
same  upon  demand,  then  the  amount  may  be  recovered  from 
said  owner  in  an  action  of  debt  in  the  name  of  the  city. 

783  Sec.  5.  That  any  owner  of  any  lot  or  ground 
within  the  City  of  Fort  Wayne,  after  notice  has  been  served 
upon  him  or  her,  as  in  this  ordinance  provided,  who  shall 
fail  to  comply  with  the  order  of  said  Board  of  Public  Health 
within  ten  days  thereafter,  shall  be  deemed  guilty  of  a mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  in  anv 
sum  not  exceeding  fiftv  dollars  ($50.00.) 

783-A  Sec.  6.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 

783-B  Sec.  7.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  June  28,  1898.] 
Ordinance  Record  i,  page  215. 


AN  ORDINANCE  regulating  the  building  of  smoke  stacks 

and  providing  a penalty. 

(Approved  March  11,  1887.) 

(Chapter  46,  Revised  Ordinances,  1887.) 

784  Sec.  I.  All  smoke  stacks  and  chimneys  erected 
at  any  place  within  the  city  for  manufacturing  purposes, 
appertaining  to,  used,  or  to  be  used  for  conveying  off  the 
smoke  of  any  steam  boiler  or  steam  pipe,  shall  be  firmly 
and  substantially  built  of  brick,  stone  or  iron,  and  shall  be 
erected  to  the  height  of  not  less  than  forty-five  feet,  and 
where  tvood  is  used  as  the  fuel  said  stack  shall  be  covered 
with  a wire  screen,  so  as  to  prevent  fire  or  sparks  from 
being  emitted  therefrom. 

785  Sec.  2.  Any  person  who  shall  erect  or  use  any 
such  stack  or  chimney,  as  in  Section  i mentioned,  the  same 
not  being  erected  in  the  manner  in  said  section  specified, 
shall  be  deemed  guilty  of  a violation  of  this  chapter,  and, 
on  conviction  by  the  Mayor,  shall  be  fined  in  any  sum  not 
less  than  one  dollar  ($1.00)  nor  more  than  one  hundred 
dollars  ($100.00.) 

786  Sec.  3.  Tf  any  person,  after  having  been  con- 


PONDS,  KXCAVATIONS  AND  HOLES. 


441 


victed  by  the  Mayor  for  a violation  of  this  chapter,  shall 
continue  to  use  any  such  smoke  stack  or  chimney,  as  men- 
tioned in  Section  i,  the  same  not  being  erected  as  in  said 
section  specified,  it  shall  be  deemed  to  be,  and  the  same 
is  hereby  declared  a public  nuisance,  and  the  Marshal  of 
the  city  is  hereby  empowered  and  directed  to  suppress  such 
nuisance  by  taking  down  and  removing  the  same:  Pro- 

vided, That  this  section  shall  not  prevent  repeated  prosecu- 
tion for  the  violation  of  this  chapter. 


GENERAL  ORDINANCE  NO.  69. 

AN  ORDINANCE  providing  for  the  drainage  and  filling 
up  of  ponds,  excavations  and  holes,  and  prescribing 
penalties  for  the  failure  to  drain  or  fill  up  the  same. 

787  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  owner  or  owners  of 
any  real  estate  situated  in  the  City  of  Fort  Wayne,  or  within 
four  miles  of  the  corporate  limits  of  said  city,  on  which 
there  shall  be  any  pond,  excavation  or  hole  in  which  water 
is  or  may  become  so  stagnant  or  noxious  as,  in  the  opinion  of 
the  Board  of  Public  Works,  to  be  a nuisance,  or  injurious  to 
the  health  or  comfort  of  any  of  the  inhabitants  of  said  city, 
which  opinion  shall  be  declared  by  resolution,  shall  be  noti- 
fied by  the  Board  of  Public  Works  to  fill  or  drain  such  pond, 
hole  or  excavation.  If  such  owner  or  owners  are  residents  of 
the  said  city  the  said  Board  of  Public  Works  shall  give  per- 
sonal notice  to  such  owner  to  fill  or  drain  such  pond,  excava- 
tion or  hole  within  five  days  after  the  service  of  such  notice. 
In  case  such  owner  or  owners  are  unknown  or  are  non- 
residents of  said  city,  the  said  Board  shall  cause  a notice 
to  be  published  in  a daily  newspaper  of  general  circulation 
for  one  day  each  week  for  two  consecutive  weeks. 

788  Sec.  2.  If  such  owner  or  owners  shall  fail, 
neglect  or  refuse  to  enter  upon  the  work  of  draining  or 
filling  up  as  aforesaid,  after  having  been  notified,  as  pro- 
vided in  the  preceding  section,  the  said  Board  of  Public 
Works  shall  cause  an  estimate  of  the  probable  cost  of  filling 


Repeated 

violation, 

penalty. 


Ponds  and 
holes  filled. 


Condition  of 
pond  declared 
by  resolu- 
tion. 


Notice  given. 


Publication. 

Failure  to  fill 
by  owner. 

Estimate  of 
cost  by  Board 
of  Works. 


442 


LAWS  AND  OKDINANCES. 


Cost  of  filling 
holes  to,  be  a 
lien  upon  lot 
or  land. 


iTo  maintain 
pond  or  hole 
unlawful. 


Notice  to  fill 
upon  whom 
served. 


Violation, 

Penalty. 


or  draining  such  pond,  excavation  or  hole  to  be  made,  and 
recorded  in  the  office  of  the  said  Board,  and  whatever  costs 
and  expenses  may  arise  from  the  filling  thereof,  the  same 
shall  be  a lien  upon  the  real  estate  described  therein.  After 
the  filing  of  said  estimate  the  said  Board  of  Public  Works 
shall  proceed  to  fill  or  drain  such  pond,  hole  or  excavation, 
and  the  costs  and  expenses  thereof  shall  be  assessed  against 
such  property  owner  or  owners  and  be  recovered  in  an  action 
of  foreclosure  brought  in  the  name  of  said  city,  and  sold 
as  other  lands  are  sold  in  foreclosure  proceedings. 

789  Sec.  3.  It  shall  be  unlawful  for  any  person 
owning  real  estate  in  this  city  to  sufifer  any  excavation,  hole 
or  pond,  which  may  endanger  the  safety,  health  or  com- 
fort of  any  of  the  inhabitants  of  said  city,  to  remain  thereon 
for  more  than  five  days  after  being  notified  thereof  by  the 
Board  of  Public  Works  of  said  city.  In'  case  the  real 
estate  on  which  there  is  such  excavation,  hole  or  pond  is 
owned  by  any  corporation,  notice  shall  be  given  to  the 
President,  Secretary  or  agent  thereof ; and  if  such  person 
upon  whom  notice  is  served  fail,  neglect  or  refuse  to  take 
proper  steps  to  protect,  fill  up  or  drain  such  pond,  he  shall 
be  deemed  to  have  violated  the  provisions  of  this  ordinance, 
and  shall  be  subject  to  the  punishment  herein  prescribed. 
Any  person  violating  the  provisions  of  this  ordinance  shall 
be  fined  in  any  sum  not  exceeding  fifty  dollars  ($50.00)  ; 
and  for  each  day’s  violation  thereof  thereafter  he  shall  be 
fined  in  any  sum  not  exceeding  fiftv  dollars  ($50.00.) 

789- A Sec.  4.  All  ordinances  in  conflict  with  any 
of  the  provisions  of  this  ordinance  are  herebv  repealed. 

789-B  Sec.  5.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  27,  1897.] 

Ordinance  Record  i,  page  186. 


GENERAL  ORDINANCE  NO.  66. 

AN  ORDINANCE  to  regulate  the  weight  of  bread  offered 
for  sale  in  the  City  of  Fort  Wayne,  and  fixing  penalty 
for  violation  of  the  same. 

790  Sec.  I.  Quality,  weight:  All  bread  baked  and 


BKEAD. 


443 


offered  and  exposed  for  sale  in  the  City  of  Fort  Wayne  shall 
be  made  of  good,  wholesome  flour  or  meal  and  sold  by 
avoirdupois  weight. 

790-A  Sec.  2.  Sizes  of  loaf,  standard  weight  and 
brand : All  bread  shall  be  made  into  loaves  of  two  sizes, 

large  and  small,  viz : 

One  small  loaf  of  wheat  or  rye  bread,  any  brand,  six- 
teen ounces. 

One  large  loaf  of  wheat  or  rye  bread,  any  brand,  twenty- 
four  ounces. 

One  small  loaf  of  pumpernickle,  any  brand,  three 
pounds. 

One  large  loaf  of  pumpernickle,  any  brand,  five  pounds, 
avoirdupois  weight. 

All  other  kinds  of  brands  of  bread  should  have  the 
same  weight  as  provided  in  this  section,  without  any  devia- 
tion : Provided,  however,  That  upon  special  order  any 

person  or  persons  may  make  a larger  loaf  than  the  largest 
of  anv  kind  herein  designed  in  equal  pounds  or  half-pounds. 

791  Sec.  3.  Standard  weight  of  bread,  when  : The 
above  weight  to  a loaf  is  for  bread  after  being  newly  baked 
and  on  sale. 

792  Sec.  4.  Penalty:  If  any  baker  or  other  person 

shall  make  for  sale,  offer  or  procure  to  be  sold  any  bread 
of  any  other  than  wholesome  flour  or  meal,  or  shall  sell  or 
expose  for  sale  any  bread  contrary  to  the  preceding  section 
of  this  article,  such  person  shall  be  subject  to  a penalty  of 
ten  dollars  ($10.00)  for  each  and  every  such  offense. 

793  Sec.  5.  Entry  to  examine,  violation  of  ordi- 
nance, seizure : It  shall  be  lawful  for  any  alderman  of  this 

city,  the  Superintendent  of  Police,  or  any  member  of  the 
Department  of  Police  duly  authorized  by  the  Superintendent, 
to  enter  in  the  day  time  into  any  house,  store,  shop,  bake 
house,  warehouse  or  other  building  where  any  bread  is 
baked,  stored  or  deposited,  or  deposited  or  offered  for  sale, 
and  also  to  stop,  detain  and  examine  any  person  or  persons, 
wagon  or  other  vehicle  carrying  bread,  and  to  search  for, 
view,  try  and  weigh  all  or  any  bread  that  shall  be  found 
there ; and  if  on  any  such  search  there  shall  be  found  any 


Quality  of 
bread  offered. 

Loaves,  size. 


Applies  to 
newly  baked 
bread. 


Penalty. 


Entry  to  ex- 
amine. 

Seizure  of 
bread,  when 
and  for  what 
purpose. 


444 


LAWS  AND  ORDINANCES. 


Return  of 
bread  seized, 
when. 


Penalty  for  re- 
offering. 


Who  is  sub- 
ject to 
ordinance. 


Dees  not  ap- 
ply to,  what. 


bread  made  in  violation  of,  or  contrary  to,  any  of  the  pro- 
visions of  this  article,  any  of  the  persons  above  named 
may  seize  such  bread  and  shall  immediately  enter  com- 
plaint before  some  Justice  of  the  Peace  or  Mayor  against 
the  person  or  persons  guilty  of  such  violation. 

794  Sec.  6.  Return  of  bread  seized,  destruction: 

Whenever  any  bread  shall  have  been  seized  for  a violation 
of  any  of  the  provisions  of  this  article  the  same  shall  be 
taken  immediately  to  the  office  of  the  Superintendent  of 
Police,  there  deposited  and  kept,  to  be  used  on  the  trial  of 
the  person  or  persons  against  whom  complaint  is  made ; and 
if  he,  she  or  they  shall  be  convicted,  such  bread  shall  be 
retained  by  the  Superintendent  of  Police  until  the  fine,  if 
any  shall  have  been  imposed,  and  the  costs  of  the  suit 
shall  have  been  satisfied : Provided,  That  bread  made  of 

unwholesome  materials  shall  not  in  any  case  be  returned 
to  the  owner,  but  shall  be  destroyed. 

795  Sec.  7.  Penalty  for  re-oifer  for  sale:  Any 

person  or  persons  to  whom  any  such  bread  shall  have  been 
returned  and  delivered  up,  or  any  other  person  who  shall 
again  offer  or  expose  for  sale  the  same,  shall  for  the  second 
and  every  subsequent  offense  be  subject  to  a penalty  of  not 
less  than  fifty  dollars  ($50.00.) 

796  Sec.  8.  All  dealers  in  bread  are  subjected  to 
above  rule  and  ordinance,  and  for  failure  of  a loaf  of  bread 
in  not  having  the  standard  weight,  the  manufacturer  is  held 
responsible  or  liable  for  each  loaf  of  bread  lacking  the 
standard  weight  turned  out. 

796-A  Sec.  9.  Ordinance  not  to  apply,  when : The 
provisions  of  Section  2 of  this  article  shall  not  apply  to 
biscuits,  buns,  rolls  or  fancy  bread  weighing  less  than  a 
quarter  of  a pound. 

796-B  Sec.  10.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  January  12,  1897.] 

Ordinance  Record  i,  page  179. 


PKOTECTION  OF  PKOPEKTY  FKOM  Fll'F. 


445 


GENERAL  ORDINANCE  NO.  135. 

AN  ORDINANCE  providing  for  the  better  proteetion  of 

property  from  fire. 

797  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  the  Chief  of  the 
Fire  Department,  or  assistants  in  charge  of  any  fire,  may 
prescribe  limits  in  the  vicinity  of  such  fire,  within  which  no 
person,  except  those  whose  property  may  be  within  such 
limits  shall  be  allowed,  unless  by  permission  of  said  chief  or 
assistants  in  charge,  or  the  Chief  of  Police  of  the  city ; and 
it  shall  be  the  duty  of  the  police  force  of  said  city  to  en- 
force the  orders  of  said  Chief  of  Fire  Department  or 
Chief  of  Police  respecting  the  occupation  of  said  limits 
during  the  progress  of  the  fire.  Every  person  who  may 
be  present  at  such  fire  shall  be  subject  to  the  orders  of  said 
chief  or  assistants  in  charge,  or  Chief  of  Police  of  the  city, 
and  shall  do  and  perform  such  duty  as  may  be  required 
of  him  by  either  of  said  officers  in  the  extinguishing  of 
such  fire  or  the  removal  or  protection  of  property  endan- 
gered thereby.  Any  person  violating  any  of  the  provisions 
of  this  section,  or  who  shall  disobey  the  orders  given  him 
by  either  of  said  officers,  or  failing  to  perform  such  duties 
as  may  be  prescribed  by  him  by  either  of  said  officers,  shall 
be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction 
before  the  Mayor,  shall  be  fined  in  any  sum  not  less  than 
five  dollars  ($5.00)  nor  more  than  twenty-five  dollars 
($25.00),  at  the  discretion  of  the  court. 

798  Sec.  2.  It  shall  be  the  duty  of  the  Chief  of 
Fire  Department  or  assistants  in  charge  at  any  fire,  to  make 
prompt  and  thorough  investigation  of  the  cause  of  such 
fire ; and,  for  that  pmqjose,  he  is  hereby  authorized  to  re- 
quest the  Mayor  to  require  the  attendance  of  witnesses  and 
the  production  of  books  and  papers,  property  or  other  evi- 
dence at  such  time  and  place  as  shall  be  deemed,  by  the 
Mayor,  convenient  and  proper.  Such  witnesses  shall  be 
required  to  give  their  evidence  under  oath,  which  shall  be 
reduced  to  writing  and  placed  on  file  with  the  Chief  of  Fire 
Department  and  a record  of  such  proceedings  shall  be  kept 
by  said  officers,  and  shall  be  authenticated  by  the  Chief  of 


Fire  limits  at 
fire,  pre- 
scribed by 
chief  of  de- 
partment. 


People  present 
at  fire  subject 
to  orders  of 
department. 


Penalty  for 
disobeying 
orders. 


Chief  to  make 
investigation 
of  cause  of 
fire,  evidence 
heard. 


Report  kept. 


446 


Fire  limits. 


Territory  em- 
braced. 


Kind  of  build- 
ing in  fire 
limits. 


LAWS  AND  OKDINANCHS. 

the  Fire  Department  or  assistant  making  the  investigation. 

798-A  Sec.  3.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 

798-B  Sec.  4.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  September  12,  1899.] 
Ordinance  Record  i,  page  328. 


GENERAL  ORDINANCE  NO.  70. 

AiX  ORDINANCE  fixing  the  frc  limits  within  the  City  of 
Fort  JVaync,  providing  the  eharacter  and  class  of 
buildings  that  may  be  erected  therein,  and  providing  for 
the  violation  thereof. 

799  Sec.  I.  Be  it  ordained  by  the  Common  Council 

of  the  City  of  Fort  IVayne,  That  all  that  part  of  the  City 
of  Fort  Wayne  embraced  within  the  following  limits  shall 
be  known  as  the  fire  limits  of  said  city,  to-wit:  Beginning 

with  the  intersection  of  Superior  street  and  Lafayette  street ; 
thence  south  along  said  Lafayette  street  to  Wayne  street; 
thence  west  along  Wayne  street  to  Barr  street;  thence  south 
on  Barr  street  to  Jefferson  street;  thence  west  on  Jefferson 
street  to  Clinton  street ; thence  south  on  Clinton  street  to 
the  track  of  the  Pittsburg,  Fort  Wayne  & Chicago  railway; 
thence  west  along  said  track  to  its  intersection  with  Harri- 
son street ; thence  north  on  Harrison  street  to  Wayne  street; 
thence  west  on  Wayne  street  to  Webster  street;  thence  north 
on  Webster  street  to  Superior  street ; thence  east  on  Superior 
street  to  place  of  beginning. 

800  Sec.  2.  It  shall  hereafter  be  unlawful  for  any 
person  to  erect,  assist  in  erection,  or  cause  to  be  erected 
within  the  fire  limits  defined  above,  any  building  whatso- 
ever unless  the  outer  walls  are  made  of  brick,  stone,  iron, 
or  brick,  stone  and  iron  combined,  without  any  combustible 
material  placed' tberein,  and  unless  the  roof  thereof  is  fire 
proof ; Provided,  however.  That  this  section  shall  not  apply 
to  privies  less- than  ten  feet  high. 

It  shall  also  be  unlawful  for  any  person  to  alter  or  re- 


FIRK  LIMITS. 


447 


pair,  or  assist  in  altering  or  repairing,  or  cause  to  be  altered 
or  repaired,  any  frame  or  wooden  building  now  erected  with- 
in the  fire  limits  aforesaid,  with  the  same  kind  of  material  as 
that  of  which  it  is  composed,  when  the  amount  required  to 
so  alter  or  repair  the  same  shall  exceed  ten  (lo)  per  cent, 
of  the  present  value  of  the  building,  to  be  so  determined  by 
the  Board  of  Public  Works,  or  in  such  a manner  or  to  such 
an  extent  as  to  make  a different  or  largere  building,  whatever 
amount  be  the  cost  thereof. 

It  shall  be  the  duty  of  the  Chief  Engineer  of  the  Fire 
Department,  as  well  as  the  Board  of  Public  Works,  when- 
ever any  building  is  in  course  of  erection,  or  has  been 
fully  erected,  or  whenever  any  building  is  being  altered  or 
repaired,  in  violation  of  any  provisions  of  this  ordinance, 
to  make  complaint  thereof  before  the  Mayor  of  the  city, 
and  any  citizen  of  said  city  may  make  such  complaint;  and 
upon  such  complaint  being  made  by  either  of  said  officers, 
or  by  any  such  citizens,  said  Mayor  shall  issue  a warrant 
for  the  arrest  of  such  person  so  offending.  Any  person 
violating  any  provision  of  this  ordinance  shall,  upon  con- 
viction, be  fined  in  any  sum  not  exceeding  one  hundred 
dollars  ($100.00)  ; and  each  day  that  workmen  are  em- 
ployed on  such  building  shall  constitute  a separate  offense, 
and  each  day  that  such  building,  when  completed,  is  allowed 
to  remain  standing  shall  constitute  a separate  offense.  In 
addition  to  such  penalty  the  Mayor  may  include  in  his 
judgment  an  order  that  such  person,  if  he  be  the  owner  of 
the  building,  shall  immediately  tear  down  and  remove  such 
building,  and  if  said  building  is  not  promptly  torn  down  and 
removed  in  obedience  to  such  order,  the  Board  of  Public 
Works  may  tear  down  and  remove  such  building,  or  cause 
to  be  torn  down  and  removed ; and  the  expense  thereof 
shall  be  paid  to  said  city  by  the  owner  of  the  building. 

Provided,  however,  The  provisions  of  this  ordinance 
shall  not  apply  to  any  building,  the  contract  for  which 
was  made  prior  to  the  passage  and  taking  effect  of  this 
ordinance,  a permit  granted  thereof  and  work  thereon  be- 
gun, but  shall  applv  to  all  other  buildings 

800-A  Sec.  3.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 


Repairing 
building  in 
fire  limits. 


Chief  Engi- 
neer, Board 
of  Works. 

Duties  in  re- 
lation to  it 
defined. 


Violation, 

penalty. 


House  torn 
down  as  part 
of  penalty. 


448 


LAWS  AND  OKDINANCES. 


800-B  Sec.  4.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  publication 
once  each  week  for  two  consecutive  weeks  in  the  Fort  Wayne 
Journal,  a daily  newspaper  of  general  circulation,  printed 
and  published  in  said  City  of  Fort  Wayne.  [Approved 
April  29,  1897.] 

Ordinance  Record  i,  page  188. 


GENERAL  ORDINANCE  NO.  119. 


Fire  hose, 
driving  over 
prohibited. 


Penalty. 


AN  ORDINANCE  to  protect  the  hose  belonging  to  the 
Fire  Department  of  the  City  of  Fort  Wayne. 

801  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  unlawful  to 
drive  any  wagon,  cart,  street  railway  car,  or  any  locomo- 
tive or  cars,  or  any  other  vehicle  over  hose  belonging  to 
the  City  of  Fort  Wayne,  laid  in  the  street  or  streets  at 
the  occurrence  of  any  fire  in  said  city  or  at  any  alarm  of 
fire  therein.  Any  person  or  persons  violating  any  provision 
of  this  ordinance  shall,  upon  conviction,  be  fined  in  any 
sum  not  exceeding  fiftv  dollars  ($50.00.) 

801 -A  Sec.  2.  All  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed. 

801 -B  Sec.  3.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  May  23,  1899.] 
Ordinance  Record  i,  page  278. 


AN  ORDINANCE  authoriAng  and  empozvering  Chief  of 
Fire  Department  to  enter  in  private  and  public 
buildings. 


Chief  of  Fire 
Department 
authorized 
to  enter 
houses,  when 


802  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  Chief  of  the  Fire  De- 
partment of  said  city  be  and  he  is  hereby  empowered  to 
at  all  times  enter  into  any  house,  building  or  place  that 
shall  be  kept,  maintained  or  permitted  to  remain  in  such 
manner  as  shall  be  a menace  to  public  safety  from  fire  to 


CONSTKUCTIOX  OF  BUILDIXOS. 


449 


any  such  house,  building  or  place  as  he  shall  have  reason- 
able cause  to  believe  to  be  so  kept,  maintained  or  permitted 
to  remain,  and  such  chief  is  hereby  clothed  with  police 
authoritv  to  enable  him  to  discharge  such  duty. 

803  Sec.  2.  It  shall  be  unlawful  for  any  person  to 
keep,  maintain  or  permit  to  remain  any  house,  building  or 
place  in  such  condition  as  to  be  a menace  to  public  safety 
from  fire. 

803-A  Sec.  3.  Any  person  violating  this  ordinance 
or  any  provision  thereof  shall,  upon  conviction,  forfeit  and 
pay  a fine  to  said  city  of  not  more  than  one  hundred 
dollars  ($100.00.) 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wavne  this  28th  dav  of  July,  1891. 

C.*  A.  ZOLLINGER,  Mayor. 

Attest:  RUDY  C.  REINEWALD,  City  Clerk. 


To  permit 
building  to  be 
in  unsafe  con- 
dition unlaw- 
ful. 

Penalty. 


. AN  ORDINANCE  regulating  the  eonstnietion  of  buildings 
within  the  fire  limits  of  the  eity. 


(Approved  March  11,  1887.) 
(Chapter  10,  Revised  Ordinances,  1887.) 


804  , Sec.  I.  No  building  shall  be  erected  within  the 
fire  limits  unless  the  same  shall  be  constructed  in  uniformity 
with  the  following  provisions : 

Eirst — All  outside  and  party  walls  shall  be  made  of 
stone,  brick  or  other  fireproof  material. 

Second — Outside  and  party  walls  not  exceeding  twenty- 
four  feet  in  height  from  the  top  of  the  sidewalk  to  the 
under  side  of  the  roof,  joists  or  rafters,  (except  for  stores, 
mills,  breweries  and  warehouses)  shall  not  be  less  than 
sixteen  inches,  if  of  stone ; but  stores,  mills,  breweries  and 
warehouses  exceeding  twenty-four  feet  in  height,  as  afore- 
said, shall  not  be  less  than  twelve  inches  in  thickness,  if  of 
brick,  nor  less  than  eighteen  inches  in  thickness,  if  of 
stone,  and  if  exceeding  three  stories  in  height  the  two 
lower  stories  shall  not  be  less  than  sixteen  inches  in  thick- 
ness, if  of  brick,  nor  less  than  twenty-four  inches  in  thick- 
ness, if  of  stone. 


Fire  limits, 
buildings, 
how  con- 
structed. 


450 


LAWS  AND  ORDINANCES. 


Walls,  how 
supported. 


End  of  party 
walls. 


Penalty. 


Fire  Depart- 
ment. 


Obstructing 
right  of  way. 


Third — All  joists,  beams  and  other  timbers  in  outside 
and  party  walls  shall  be  separated  at  least  four  inches  from 
each  other  with  stone  or  brick  laid  in  mortar,  and  all 
wooden  lintels  or  plate  pieces  in  the  front  and  rear  walls 
shall  recede  from  the  outside  of  the  walls  at  least  four 
inches,  except  that  lintels  of  timber  may  be  used  in  rear 
of  cast  iron  fronts,  and  plates  of  wood  may  be  used  in  cor- 
nices ; but  all  of  such  cornices  shall  be  securely  fastened 
in  the  walls  of  the  building  with  iron  rods  in  such  manner 
as  that  in  case  of  fire  they  will  not  fall  until  burned  to  pieces. 

Fourth — There  shall  be  no  more  than  thirty  feet  space 
between  the  party  or  outside  walls  of  any  building,  unless 
such  building  shall  be  supported  by  iron  or  other  columns 
or  supports  of  fireproof  material. 

Fifth — All  end  and  party  walls  shall  extend  above  the 
sheeting  of  the  roof  at  least  seven  inches,  or  three  courses 
of  brick,  and  in  no  case  shall  the  planking  or  sheeting  of 
the  roof  extend  across  any  party  or  end  wall. 

804-A  Sec.  2.  No  owner,  builder  or  other  person 
shall  build,  or  aid  in  the  erection  of  any  building  or  part 
of  building  within  the  said  limits,  contrary  to  or  in  any 
other  manner  than  authorized  by  the  provisions  of  this 
chapter. 

804-B  Sec.  3.  Any  person  violating  any  provisions 
of  this  chapter  shall,  upon  conviction,  forfeit  and  pay  a 
fine  of  not  more  than  one  hundred  dollars  ($100.00.) 


AN  ORDINANCE  prohibiting  the  obstruction  of  the  Fire 
Department  in  the  performance  of  its  duties,  and  pro- 
viding penalties  therefor. 

805  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  (two-thirds  of  all  the  members 
thereof  concurring)  That  it  shall  be  unlawful  for  any 
person  or  persons  driving  or  riding  any  vehicle  upon  or 
along  any  of  the  streets  in  the  City  of  Fort  Wayne,  to 
interfere  with  or  in  any  way  impede  the  progress  of  the  Fire 
Department  in  the  use  of  the  streets  in  the  performance  of 
its  duties  by  obstructing  the  street  or  racing  with  any  of 
the  vehicles  of  the  said  department. 


streets  and  alleys. 


451 


806  Sec.  2.  It  shall  be  unlawful  for  any  street  car 
company,  its  officers  or  employes,  to  run,  permit  or  cause 
to  be  run,  across  the  parts  of  any  moving  vehicle  or  appa- 
ratus of  the  said  Fire  Department  ahead  of  the  same  and 
within  one  square  thereof. 

806- A  Sec.  3.  Any  person  violating  any  provisions 
of  this  ordinance  shall,  upon  conviction,  forfeit  and  pay  a 
fine  of  not  more  than  one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wayne  this  12th  day  of  July,  1892. 

C.  A.  ZOLLINGER,  Mayor. 

Attest : RUDY  C.  REINEWALD,  City  Clerk. 

GENERAL  ORDINANCE  NO.  121. 

AN  ORDINANCE  for  the  government  of  Fire  Department 

of  the  City  of  Fort  Wayne. 

807  Sec.  I.  Be  it  enacted  and  ordained  by  the  Com- 
mon Council  of  the  City  of  Fort  Wayne,  That  should  any 
person  or  persons  injure,  deface,  or  in  any  manner  destroy 
any  city  fire  apparatus,  or  should  any  person  or  persons 
hinder  or  obstruct  any  city  fire  company  or  hook  and  ladder 
company,  or  any  member  thereof,  from  freely  passing  along 
the  streets  of  the  city  to  or  from  a fire,  or  in  any  manner 
hinder  or  prevent  any  of  the  said  companies,  or  any  member 
of  the  same,  from  operating  at  any  fire,  each  and  every 
person  or  persons  so  hindering,  preventing  or  obstructing 
shall  be  fined  not  less  than  five  dollars  ($5.00)  or  more 
than  twenty  dollars,  ($20.00)  to  be  recovered  as  other  city 
fines  are  recovered. 

807-  A Sec.  2.  This  ordinance  to  be  in  full  force 
and  efifect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  May  23,  1899.] 

Ordinance  Record  i,  page  280. 

GENERAL  ORDINANCE  NO.  147. 

AN  ORDINANCE  regulating  the  use  of  streets  and  alleys. 

808  Sec.  I.  It  shall  be  unlawful  for  any  person  or 


street  cars, 
obstructing. 


Penalty. 


To  destroy  fire 
apparatus  un- 
lawful. 


Right  of  way 
of  Fire  De- 
partment on 
streets. 


38 


452 


LAWS  AND  OKDIN’ANCES. 


Building  ma- 
terial ob- 
structing 
entire  street 
unlawful. 


Straw,  chips 
and  paper  ob- 
structing 
streets 
unlawful. 


Obstruction  in 
street 

ordered  re- 
moved, when 
and  by 
whom. 


Penalty. 


Unhitched  ve- 
hicles in 
streets,  un- 
lawful. 


Feeding  ani- 
mals in 
streets  un- 
lawful. 

Erecting 
buildings  on 
street  unlaw- 
ful. 


persons  to  obstruct  any  street  in  the  city  limits  while 
building,  with  any  material  whatsoever,  for  a space  exceed- 
ing fifteen  feet,  measuring  from  the  outside  of  the  curb  to 
the  center  of  the  street,  and  in  no  case  shall  the  gutters  be 
so  ol)structed  as  to  prevent  the  free  passage  along  the  same. 

809  Sec.  2.  It  shall  be  unlawful  for  any  person  or 
persons  to  encumber  or  obstruct,  or  cause  to  be  encumbered 
or  obstructed,  any  street,  alley  or  public  place  in  the  city,  by 
placing  therein  or  thereon  any  shrubbery,  rubbish,  chips, 
refuse,  trimmings  of  trees  or  shrubbery ; except  as  pro- 
vided in  the  foregoing  section. 

810  Sec.  3.  The  Mayor,  Superintendent  of  Police, 
Board  of  Public  Works,  or  any  officer  of  the  city,  is  hereby 
authorized  to  order  any  rubbish,  chips,  refuse,  trimmings 
of  trees  or  shrubbery,  article  or  thing  whatsoever  which 
may  encumber  or  obstruct  any  streets,  alleys  or  public  places 
within  the  city  limits,  to  be  removed,  and  if  such  article  or 
thing  shall  not  be  removed  within  five  hours  after  notice  to 
the  owner  or  person  in  charge  thereof  to  remove  the  same,  or 
if  the  owner  cannot  be  found  for  the  purpose  of  such  notice, 
to  cause  the  same  to  be  removed  to  some  suitable  place  to 
be  designated  by  the  Board  of  Public  Works,  and  the  owner 
of  any  article  so  removed  shall  be  subject  to  forfeit  and  pay 
a penalty  of  five  dollars  ($5.00)  in  addition  to  the  cost  of 
such  removal. 

811  Sec.  4.  No  wagon,  sled,  sleigh  or  vehicle  of  any 
kind  without  horses  (bicycles  and  tricycles  excepted)  shall 
be  permitted  to  remain  or  stand  in  any  street  or  alley  for 
more  than  one  hour,  except  when  so  standing  for  the  pur- 
pose of  being  repaired,  and  then  only  in  front  of  the  prem- 
ises of  the  person  repairing  the  same,  and  for  a period  of 
time  not  longer  than  three  hours. 

812  Sec.  5.  It  shall  be  unlawful  for  any  person,  ex- 
cept the  employes  of  the  street  repairing  department  or  the 
contractors  for  street  improvement,  to  feed  or  to  place  any 
trough  for  feeding  or  watering  draft  animals  in  the  streets, 
allevs  or  public  places  of  this  citv. 

813  Sec.  6.  No  person  shall  erect  or  place  any  build- 
ing in  whole  or  in  part  u]:>on  any  street,  alley,  sidewalk  or 
other  ]mhlic  ground  within  said  city. 


streets  and  alleys. 


453 


The  owner  of  any  building,  fence,  porch,  steps,  gallery 
or  other  obstruction  now  standing  or  which  may  be  here- 
after erected  or  placed  upon  any  street,  alley,  sidewalk  or 
other  public  place  in  the  city,  or  which  has  been  left  upon 
any  new  street  that  has  been  or  may  hereafter  be  opened, 
shall  remove  the  same  within  such  reasonable  time  not  ex- 
ceeding thirty  days  or  less  than  five  days,  as  he  shall  be 
required  to  do  by  written  notice  from  the  Board  of  Public 
Works,  and  upon  failure  of  such  owner  to  comply  with 
such  notice,  he  shall  be  liable  to  the  penalty  hereinafter 
provided. 

814  Sec.  7.  Whenever  from  any  cause  any  street  or 
alley  in  the  city  shall  be  obstructed  by  a press  of  teams  at- 
tached to  vehicles,  loaded  or  otherwise,  the  Mayor,  Super- 
intendent of  Police,  any  member  of  the  police  force  or  any 
Councilman  may  give  such  directions  in  regard  to  the  re- 
moval of  such  teams  and  vehicles  as  in  the  opinion  of  such 
officer  may  be  necessary  or  required  for  public  convenience. 
And  any  person  or  persons  refusing  or  neglecting  to  obey 
such  directions  shall  be  subject  to  the  penalty  hereinafter 
provided. 

815  Sec.  8.  No  person  shall  hinder  or  obstruct  the 
making  or  repairing  of  any  public  improvement  or  work 
ordered  by  the  Common  Council  or  by  the  Board  of  Public 
Works. 

816  Sec.  9.  It  shall  be  the  duty  of  each  and  every 
railway  or  railroad  company,  whose  tracks  are  laid  across 
any  of  the  streets  of  said  city,  to  place  safety  gates  or  flag- 
men at  any  such  crossings  of  said  streets,  by  such  trams, 
whenever  the  Common  Council  shall  by  ordinance  duly 
passed  declare  the  same  necessary  for  public  safety,  and 
the  said  company  shall  erect  safety  gates  as  such  ordinance 
may  declare  necessary,  within  thirty  days  from  the  passage 
of  such  ordinance. 

817  Sec.  10.  For  the  better  protection  of  the  paved 
and  macadamized  streets,  alleys  or  other  thoroughfares  of 
the  city,  no  vehicle  of  any  description  with  felloes  and  tires 
less  than  three  inches  in  width  shall  be  permitted  to  be 
drawn  or  pass  over  any  such  street,  alley  or  thoroughfare 


Removal  of  ob- 
structions 
from  street, 
notice 
to  owner. 


Obstruction  of 
streets  by 
teams,  how 
regulated. 


Interfering 
with  public 
work  unlaw- 
ful. 


Railroad  gates 
required  at 
street  cross- 
ings, when. 


Wagon  tires, 
width. 


454 


LAWS  AND  ORDINANCES. 


Preparing 
building  ma- 
terial on 
street  unlaw- 
ful, when. 

Driving  cattle 
over  streets. 


Protecting 
new  pave- 
ments, how. 


Extent  of 
street  closed 
in  repairing 
or  building 
streets. 


Exhibiting  for 
sale  animals 
of  any  kind 
on  streets  un 
lawful. 


Private  lamp 
posts  pro- 
tected. 


with  a greater  burden  than  three  thousand  pounds’  weight, 
and  no  vehicle  of  any  description  with  felloes  and  tires 
less  than  four  inches  in  width  shall  be  permitted  to  be  drawn 
or  pass  over  such  paved  or  macadamized  streets,  alleys  or 
ways  with  a greater  burden  than  sixty  hundred  weight. 

818  Sec.  II.  No  person  shall  dress  any  stone  or  pre- 
pare any  material  for  building  in  the  streets  or  alleys  of  the 
city  which  can  be  prepared  elsewhere. 

819  Sec.  12.  No  person  or  persons  shall,  between 
the  hours  of  8 o’clock  a.  m.  and  6:30  o’clock  p.  m.  of  each 
and  every  day,  drive  along  any  public  street  or  alley  of  said 
citv  more  than  twenty-five  head  of  cattle  at  any  one  time. 

820  Sec.  13.  Any  person  or  persons  employed  in 
paving  or  repairing  any  street,  alley  or  other  public  thor- 
oughfare in  the  city,  shall  place  proper  obstructions  or  bar- 
ricades across  said  streets  or  thoroughfares  for  the  purpose 
of  protecting  work  in  course  of  construction,  and  preserving 
the  pavement  until  the  same  is  fit  for  use,  leaving  at  all 
times  a sufficient  passage  for  pedestrians ; and  no  person  or 
persons  shall,  without  written  consent  of  the  Board  of 
Public  Works,  throw  down,  displace  or  remove  any  such 
obstruction  or  barricade. 

821  Sec.  14.  Nothing  contained  in  the  foregoing 
section  shall  be  construed  to  authorize  any  person  or  per- 
sons to  stop  up  or  obstruct  more  than  the  space  of  one  block 
and  one  intersection  at  the  same  time  in  any  one  street,  or 
to  keep  the  same  so  stopped  or  obstructed  for  more  than 
two  days  after  the  roadway  is  finished. 

822  Sec.  15.  No  person  shall  make  a stand  or  stop- 
jiing  place  within  any  street  or  alley  in  the  city  for  the  pur- 
pose of  exhibiting  for  sale,  or  for  the  purpose  of  selling  or 
offering  for  sale,  any  horses,  mules  or  cattle,  or  any  wagon, 
carriage  or  other  vehicle  drawn  by  either  of  the  animals 
aforesaid. 

823  Sec.  16.  All  lamps  or  lamp  posts  which  have 
been  heretofore  erected  and  used  as  signs,  and  all  illum- 
inated clocks  which  have  been  erected  on  the  outer  edge  of 
sidewalks,  and  which  are  in  actual  use,  and  which  are  kept 
in  running  order  at  the  expense  of  the  owner  and  regulated 


vSTKEHTS  AND  ALL  1C  VS. 


455 


so  as  to  indicate  the  correct  time,  may  be  allowed  to  re- 
main, subject  to  be  removed  at  any  time  by  order  of  the 
Board  of  Pul)lic  Works. 

824  Sicc.  17.  Drinking-  fountains  made  of  iron  ma\' 
be  erected  on  the  outer  edge  of  sidewalks,  at  such  points 
and  places  as  the  Board  of  Public  Works  may  deem  ad- 
visable, in  their  judgment,  for  convenience  of  the  general 
pul)lic. 

825  Sec.  18.  It  shall  be  the  duty  of  every  person  or 
persons  engaged  in  digging  down  any  street,  in  paving  any 
street,  building  any  sewer  or  drain  or  trench,  for  water 
or  gas  pipes,  in  any  of  the  public  streets  or  thoroughfares, 
under  contract  witli  the  corporation  of  this  city,  made 
through  either  or  any  of  the  departments  of  the  said  cor- 
poration, or  bv  virtue  of  any  permission  which  may  have 
been  granted  to  them  by  the  Common  Council,  or  any  de- 
partment, or  either  of  them,  where  such  work,  if  left  ex- 
posed, would  be  dangerous  to  passengers,  to  erect  a fence 
or  railing  at  such  excavation  or  work,  in  such  manner  as  to 
prevent  danger  to  passengers  who  may  be  traveling  such 
streets  or  thoroughfares,  and  to  continue  and  uphold  the 
said  railing  or  fence  until  the  work  shall  be  completed  or 
the  obstruction  removed.  And  it  shall  also  be  the  duty  of 
such  ])erson  or  persons  to  place  upon  such  railing  or  fence, 
at  twilight  in  the  evening,  suitable  and  sufficient  red  lights, 
and  kee])  them  burning  through  the  night  during  the  en- 
tire ])erformance  of  the  work. 

826  Sec.  19.  The  provisions  of  the  preceding  sec- 
tion shall  apply  to  every  person  who  shall  place  building- 
materials  in  any  of  the  public  streets  or  thorough fa'*es,  o" 
be  engaged  in  building  any  vault  or  constructing  any  lat- 
eral drain  from  any  cellar  to  any  sewer  or  who  shall  do  or 
perform  any  work,  causing  obstruction  in  the  pul)lic  streets 
or  thoroughfares,  by  virtue  of  any  j^senuit  f^'orn  any  ex- 
ecutive department ; and  also  to  all  public  or  cor]:>oration 
officers  engaged  in  performing  any  wo^-k  in  l^ehalf  of  the 
city,  whereby  obstructions  or  excavations  shall  be  made 
in  said  streets  and  thoroughfares. 

827  Sec.  20.  The  extent  to  which  such  fence  or 


May  be  re- 
move J 

Drinking  foun- 
tains may  be 
erected  in 
streets. 


Laying  pipes 
and  paving 
streets,  how 
protected. 


Barricades  to 
protect  the 
public  from 
injury  on 
streets,  when 


Red  lights. 


Barrierdes 
and  red 
lights,  to 
whom  it  ap- 
plies. 


456 


LAWvS  AND  ORDINANCES. 


Red  lights  and 
barricades, 
how  placed. 


How  barri- 
cades are 
placed  in 
building  new 
streets. 


Barricades, 
how  placed  in 
building 
sewers. 

Barricades, 
how  placed 
in  building 
vaults. 

Building  ma- 
terial in 
street,  how 
placed. 


For  obstruc- 
tion in  streets 
who  is  an- 
swerable in 
damages. 


Herding  cattle 
on  streets  un- 
lawful. 


railing  shall  be  built  in  the  several  cases  is  hereby  defined 
as  follows,  to-wit : 

1.  In  digging  down  any  street  or  thoroughfare,  by 
placing  same  along  the  upper  bank  of  such  excavation,  or 
by  extending  the  fence  so  far  across  the  street,  and  at  each 
alley,  as  to  prevent  persons  from  traveling  on  such  por- 
tion as  would  be  dangerous. 

2.  In  paving  any  street  or  thoroughfare  by  extending 
it  across  the  carriage  way  of  such  street  or  thoroughfare 
and  at  each  alley;  or,  if  but  a portion  of  the  width  of  such 
carriage  way  be  obstructed,  across  such  portion,  in  which 
case  the  obstruction  shall  be  so  arranged  as  to  leave  a pas- 
sage way  through  as  nearly  as  may  be  of  uniform  width. 

3.  In  the  building  of  a sewer,  by  placing  it  across  the 
carriage  way,  at  the  ends  of  such  excavations  as  shall  be 
made,  and  at  each  alley. 

4.  In  building  vaults,  by  enclosing  the  ground  taken 
for  the  vault. 

5.  In  placing  building  materials  in  the  streets,  by 
placing  it  across  so  much  of  the  street  as  shall  be  occupied 
by  such  materials;  and  the  material  shall’be  so  placed  as 
to  occupv  a space  of  uniform  width,  except  brick  or  stone 
piled  solid  at  least  seven  feet  high.  In  all  cases  sufficient 
red  lights  are  to  be  kept  placed  upon  such  building  ma- 
terials, fences  or  railings,  and  kept  burning  during  the 
night,  as  provided  by  the  preceding  sections. 

828  Sec.  21.  In  all  cases  where  any  person  or  per- 
sons shall  perform  any  of  the  work  mentioned  in  the  pre- 
ceding sections,  either  under  contract  of  the  city  or  by  vir- 
tue of  permission  obtained  from  the  Board  of  Public  Works, 
or  any  other  department  of  the  city  government,  such  per- 
son shall  be  answerable  for  any  and  all  damages  that  may 
be  occasioned  to  persons,  animals  and  property,  by  reason 
of  carelessness  in  any  manner  connected  with  said  work. 

829  Sec.  22.  It  shall  be  unlawful  for  any  person  to 
herd  together  or  maintain  any  kind  of  cattle,  horses,  swine 
or  sheep  in  anv  street,  allev  or  public  place  in  the  citv. 

830  Sec.  23.  It  shall  be  the  duty  of  owners  of 
s])rinkling  cars  to  have  the  sprinkling  attachment  made  so 


MOVING  HOUSES. 


457 


that  they  will  discharge  such  minute  streams  as  to  lay^  the 
dust  and  not  make  mud  and  deluge  the  streets  with  water. 

831  Sec.  24.  It  shall  be  unlawful  for  any  person  in 
charge  of  a sprinkling  cart  to  turn  such  vehicle  around  on 
any  crosswalk,  or  to  allow  any  discharge  of  water  thereon  ; 
or  to  wilfully  annoy  any  passerby,  or  to  injure  any  goods, 
wares  or  merchandise  bv  wilfully  sprinkling  the  same. 

831 -A  Sec.  25.  The  following  ordinance  is  hereby 
repealed : Chapter  48,  Revised  Ordinances  of  the  City  of 

Fort  Wayne,  approved  March  ii,  1887,  and  all  the  amend- 
ments to  any  section  thereof.  Likewise  any  and  all  other 
ordinance  or  parts  of  ordinances  in  conflict  therewith. 

831 -B  Sec.  26.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication. 

832  Sec.  27.  Any  person  violating  any  of  the  ])ro- 
visions  of  this  ordinance  shall,  upon  conviction,  be  fined  in 
any  sum  not  less  than  one  dollar  ($1.00)  nor  more  than 
one  hundred  dollars  ($100.00).  (Approved  January  9, 
1900.) 

Ordinance  Record  i,  page  357. 


GENERAL  ORDINANCE  NO.  142. 

AN~  ORDINANCE  regulating  the  moving  of  houses  over 
and  along  puhJie  streets  of  the  City  of  Fort  Wayne. 

833  Sec.  I.  It  shall  be  unlawful  for  any  person  to 
remove  any  building  over  or  along  any  street  or  alley  of 
the  City  of  Fort  Wayne,  without  first  obtaining  a permit 
so  to  do  from  the  Board  of  Public  Works  of  said  city. 

834  Sec.  2.  The  permit  above  mentioned  shall  be 
based  upon  a formal  petition  in  writing,  addressed  to  the 
Board  of  Public  Works.  The  said  petition  shall  distinctlv 
set  forth  the  points  from  and  to  which  such  removal  is  to 
be  made;  shall  accurately  describe  said  building,  and  shall 
set  forth  specifically  the  route  to  be  taken,  the  streets  and 
alleys  to  be  passed  over.  No  building  shall  be  moved  over 
any  other  street,  alley  or  route  than  specified  in  the  peti- 
tion granting  the  permit. 


Sprinkling 
carts,  how 
constructed. 


Sprinkling  on 
cross  walks. 


Penalty. 


House  moving 
over  streets. 

Permit. 

Application, 
vyhat  must 
contain. 


45S 


LAWS  AND  ORDINANCES. 


Bond  filed. 


Delay  while 
moving  pro- 
hibited. 


Streets, 
if  injured,  re- 
paired. 


Penalty. 


835  St:c.  3.  Before  the  Board  of  Public  Works  shall 
issue  to  any  person,  upon  application,  a permit  for  the  mov- 
ing of  any  building,  said  person  shall  file  with  the  Board  of 
Pnl^lic  Works  a bond  in  the  penal  sum  of  five  hundred 
dollars  ($500.00),  with  good  freehold  security,  conditioned 
for  the  faithful  and  prompt  performance  of  the  work  accord- 
ing to  specifications  in  the  permit,  and  to  secure  the  city 
against  damage  to  her  streets  and  alleys,  and  the  citizens  and 
property  owners  of  said  city  against  damage  to  their  pri- 
vate ]moperty.  The  bond  above  mentioned  shall  be  made 
payalde  to  the  State  of  Indiana  for  the  use  and  benefit  of 
the  city  or  any  one  damaged  by  such  removal ; and  anv  one 
so  damaged  may  obtain  an  action  for  such  damage  on  said 
bond. 

836  Sec.  4.  It  shall  be  unlawful  for  any  person  to 
make  any  unnecessary  stoppage  or  delay  upon  any  street  or 
alley  when  removing  such  building,  or  to  occupy  said  street 
O’*  alley  more  than  six  days  (exclusive  of  Sunday)  in  the 
removing  from  the  old  to  the  new  location. 

837  Sec.  5.  If  any  person  shall  injure  any  street, 
alley  or  public  place,  over  and  along  which  he  shall  re- 
move, or  cause  to  be  removed,  any  building,  he  shall  repair 
the  same  within  twenty-four  hours  to  the  satisfaction  of 
the  Board  of  Public  Works  and  Citv  Civil  Engineer. 

838  Sec.  6.  Any  person  violating  any  of  the  pro- 
visions of  Sections  i and  4 of  this  ordinance,  upon  con- 
viction, shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars  ($100.00.) 

838-A  Sec.  7.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  herebv  repealed. 

838-B  Sec.  8.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  (Approved  November  14,  1899.) 

Ordinance  Record  1,  page  342. 


(GENERAL  ORDINANCE  NO.  149. 

AN  ORDINANCE  regulating  the  construction  and  uses 
of  sidcivalks  ivithin  the  corporate  limits  of  the  City  of 
Fort  JVayne. 

839  Sec.  t.  All  sidewalks  on  Calhoun  street  from 


Fim-:\VALKS. 


-45'J 

the  New  York,  Chicago  & St.  Louis  Railroad  to  the  Pitts- 
burg, Fort  Wayiie  & Chicago  Railroad  : Columbia  and  Main 
streets,  from  Harrison  street  to  P>arr  street ; Berry  street, 
from  Calhoun  street  to  Clinton  street,  and  Court  street, 
shall  be  constructed  of  sound  flagging  stone,  and  no  other 
material  shall  be  used  on  such  street  for  such  purposes,  ex- 
cept by  express  order  of  the  Board  of  Public  Works. 

840  Sec.  2.  The  grade  for  sidewalks  shall  be  given 
bv  the  Citv  Civil  Engineer  under  the  supervision  of  the 
Board  of  Public  Works,  and  when  once  a grade  for  an 
improvement  is  ap])roved  by  said  Board  of  Public  Works, 
the  same  shall  be  the  established  grade. 

When  any  person  shall  build  or  assist  in  building  any 
sidewalk  when  no  grade  has  been  established,  or  without 
first  obtaining  a grade  therefor  from  the  City  Civil  Engi- 
neer, or  who  shall  build  or  assist  in  building  any  sidewalk 
contrary  to  any  grade  which  may  be  hereafter  established  by 
the  Board  of  Public  Works,  or  contrary  to  any  of  the 
provisions  of  this  ordinance,  he  shalf  in  either  case  be  sub- 
ject to  a forfeit  and  pay  ten  dollars  ($10.00)  for  every  day 
of  such  offense,  and  a like  forfeiture  and  payment  for  every 
day  he  shall  fail  to  remove  and  reconstruct  the  same  after 
notice  by  the  Board  of  Public  Works. 

841  Sec.  3.  No  cellar  doors  shall  rise  or  project 
above  the  sidewalk ; nor  shall  the  hinges  thereof  or  any 
other  thing  connected  therewith  project  or  rise  above  the 
door,  or  shall  any  staple,  lock  or  any  other  fastening  be 
placed  upon  the  upper  side  thereof. 

842  Sec.  4.  All  awnings  shall  be  constructed  of 
cloth  and  the  frames  shall  be  elevated  at  least  eight  feet 
and  curtain  seven  feet  at  the  lowest  part  thereof  above  the 
sidewalk,  and  shall  not  project  over  the  same  to  exceed 
three-quarters  of  the  width  thereof.  They  shall  be  sup- 
ported without  posts,  by  iron  brackets  or  by  an  iron  frame- 
work attached  firmly  to  the  building,  so  as  to  leave  the  side- 
walk entirely  unobstructed  thereby.  All  awnings  hereto- 
fore erected  contrary  to  the  provisions  of  this  section  shall 
be  removed  by  the  owner  thereof  by  three  days’  notice  from 
the  Superintendent  of  Police,  for  such  owner  to  remove  the 


Sidewalks  on 
certain 
streets,  how 
constructed. 


Grade  given 
by  Engineer 
for  street  im 
provement. 


Building  with- 
out grade. 


Penalty. 


Cellar  doors, 
how  con- 
structed. 


Awnings,  ma- 
terial and 
how  erected. 


Erected 
contrary  to 
ordinance, 
removed. 


4b0 


LAWS  AND  ORDINANCES. 


Receiving  and 
delivering 
goods. 

Placing  goods 
on  sidewalk 
unlawful. 


Auctions  on 
streets  un- 
lawful. 


Riding  or 
driving  on 
sidewalk  un- 
lawful. 


Exceptions. 


same.  And  if  such  owner  shall  fail  or  refuse  to  comply 
with  such  notice,  he  shall  be  subject  to  the  penalty  herein 
provided. 

843  Sec.  5.  No  person  or  persons  receiving  or  de- 
livering goods,  wares  or  merchandise  shall  place  or  keep 
upon,  or  shall  suffer  to  be  placed  or  kept  upon,  such  side- 
walk in  the  city,  any  goods,  wares  or  merchandise,  which  he 
or  they  shall  be  receiving  or  delivering,  without  leaving  a 
passageway  clear  for  pedestrians  of  not  less  than  six  feet 
in  width,  and  no  person  or  persons  receiving  or  delivering 
such  goods  shall  suffer  the  same  to  be  or  remain  upon  such 
sidewalk  for  longer  than  five  hours. 

844  Sec.  6.  No  person  or  persons,  whether  licensed 
as  an  auctioneer  or  not,  shall  sell  or  attempt  to  sell,  or 
shall  cry  for  sale  at  public  auction  in  the  city,  any  goods, 
chattels  or  personal  property  whatever,  to  any  person  or 
persons,  so  as  to  collect  a crowd  of  people  upon  streets  or 
sidewalks  of  the  city,  whereby  the  free  passage  thereof  of 
any  person  or  persons  is  prevented  or  hindered. 

845  Sec.  7.  No  person  shall  ride,  drive,  lead,  push, 
draw  or  back  any  horse,  wagon,  cart  or  other  vehicle  over 
any  sidewalk,  or  use,  ride  or  drive  any  horse,  wagon,  sled 
or  sleigh  thereon,  except  at  public  or  private  crossings : 
Provided,  That  whenever  from  want  of  an  alley  adjacent 
to  any  lot  or  part  of  lot,  there  be  no  convenient  access 
thereto  otherwise  than  l:>y  crossing  such  sidewalk,  it  shall 
be  lawful  for  the  owner  or  occupant  of  such  lot  or  part  of 
lot,  or  for  any  person  in  his  employ,  to  drive  on  or  over 
such  sidewalk  for  the  purpose  of  discharging  any  bulky 
or  needful  article  on  such  lot  or  part  of  lot,  and  also  to 
ririA  V-arj  or  drive  any  animal  or  vehicle,  as  aforesaid,  for 
the  purpose  of  entering  upon  such  lot  or  part  of  lot,  if  only 
at  the  place  where  such  riding,  leading  or  driving  shall  be 
done,  said  sidewalk  shall  have  been  paved  with  flagstone 
or  brick  set  upon  edge,  so  that  such  riding  or  driving  shall 
not  be  injurious  to  such  sidewalk.  Tt  shall  also  be  lawful  for 
livery  stable  keepers,  lumbermen  and  other  such  persons,  or 
their  employes,  and  whose  ordinary  business  may  require, 
to  make  such  crossings  with  such  animal  or  vehicle,  if 


SIDEWALKS. 


461 


such  sidewalk,  at  the  place  to  be  crossed,  shall  have  been 
paved  as  aforesaid,  and  if,  moreover,  the  movement  of  foot 
passengers  thereon  be  not  impeded. 

846  Sec.  8.  All  crosswalks  shall  be  kept  and  re- 
served free  from  any  sleighs,  wagons,  cars  or  carriages, 
and  horses  or  other  animals,  being  placed  or  suffered  to 
stand  thereon,  except  so  far  as  may  be  necessary  in  crossing 
the  same ; and  the  owner  of  any  sleigh,  wagon,  cart  or 
other  carriage,  or  horse  or  other  animal,  offending  herein, 
shall  be  subject  to  the  penalty  herein  prescribed. 

847  Sec.  9.  It  shall  be  unlawful  for  any  person  or 
persons  to  throw  material  of  any  kind  upon  any  sidewalk 
in  the  city  while  building,  erecting  or  repairing  any  building 
or  place  fronting  upon  the  same  or  bordering  thereon. 

848  Sec.  to.  All  shade  or  ornamental  trees  shall 

be  planted  on  a line  two  feet  inside  of  the  outer  line 
of  the  sidewalk ; and  if  any  trees  shall  have  been  hereto- 
fore planted  within  or  without  the  line  established,  at  the 
time  the  same  were  set  out,  or  shall  hereafter  be  planted  in 
violation  of  this  ordinance,  the  Board  of  Public  Works 
shall  have  the  power  in  their  discretion  to  cause  the  same  to 
be  taken  up  and  set  out : Provided,  That  in  no  case  shall 

such  discretion  be  exercised  unless  such  trees  form  a ma- 
terial obstruction  to  the  street  or  sidewalk,  nor  unless  the 
season  shall  be  favorable  for  transplanting  the  same. 

849  Sec.  II.  All  trees  kept,  maintained  or  culti- 
vated in  any  of  the  streets  or  public  places  of  the  city  shall 
have  the  limbs  cut  close  to  the  trunk  and  in  such  a manner 
that  the  boughs  and  branches  thereof  shall  not  be  less  than 
nine  feet  above  the  ground ; and  it  shall  not  be  lawful  to 
keep,  maintain  or  cultivate  trees  in  any  of  the  streets  or 
public  places  of  the  city,  except  in  the  manner  provided  in 
this  ordinance ; and  any  person  who  shall  fail  to  comply 
herewith,  after  three  days’  notice  from  the  Board  of  Public 
Works,  shall  be  liable  to  the  penalty  hereinafter  provided. 

850  Sec.  12.  Any  person  who  shall  keep  or  leave 
open  any  cellar  door  or  grating  of  any  coal  hole,  vault  or 
area  on  any  highway  or  sidewalk,  or  suffer  the  same  to  be 
kept  or  left  open,  or  who  shall  suffer  any  sidewalk  adjoin- 


Crosswalks 
kept  clear. 


Building  ma- 
terial on  side- 
walk unlaw- 
ful. 

Shade  trees, 
whe  3 
planted. 


Board  of 
Public  Works 
authorized  to 
remove  trees, 
when. 


T rimming 
trees 


Cellar,  vaults 
and  coal 
holes  left 
open. 

Penalty. 


462 


LAvVS  AND  ORDINANCES. 


Policemen  to 
report  defects 
in  sidewalks. 

Washing  pave- 
ments and 
windows. 


Sncw  and  ice 
i'2  cvcd  off 
side  /aik. 


Report  acci- 
dents by 
policemen. 


Slope,  pro- 
jections, etc. 
of  sidejvalks. 


ing  his  premises  to  become  or  continue  so  broken  as  to 
endanger  life  or  limb,  shall  be  subject  to  the  penalty  here- 
inafter provided. 

851  Sec.  13.  Tt  shall  be  the  duty  of  all  policemen 
to  take  note  of  all  defects  in  sidewalks  and  when  out  of 
repair  notify  the  Board  of  Public  Works. 

852  Sec.  14.  From  and  after  the  first  day  of  May 
until  the  first  day  of  October  of  each  and  every  year,  it 
shall  not  be  lawful  for  any  person  or  persons  to  wash,  or 
cause  to  be  washed,  any  pavement  or  window  upon  the 
line  of  such  pavement,  with  a hose  or  street  washer,  or  by 
throwing  or  dashing  water  against  and  upon  the  same,  be- 
tween the  hours  of  7 o’clock  in  the  morning  and  7 o’clock 
in  the  evening.  And  all  dirt,  dust  and  rubbish  must  be 
swept  off  from  all  sidewalks  by  7 130  o’clock  in  the  morning 
of  each  and  every  day. 

853  Sec.  15.  Every  owner  or  occupant  of  any  house 
or  other  building,  and  the  owner  or  proprietor,  lessee  or 
persons  entitled  to  possession  of  any  vacant  lot,  and  every 
person  having  charge  of  any  church,  jail,  public  hall  or  other 
public  building  in  the  city,  shall,  during  the  winter  season 
and  during  the  time  snow  shall  continue  on  the  ground,  by  9 
o’clock  on  each  and  every  morning,  clean  the  sidewalk  in 
front  of  such  house  or  building,  and  in  front  of  such  lot, 
from  snow  or  ice,  and  keep  it  conveniently  free  thereof 
during  the  day;  and  shall  also,  at  all  times,  keep  such  side- 
walk clear  from  all  dirt  or  filth,  or  other  obstructions  or  in- 
cumbrances, so  as  to  allow  citizens  to  use  the  said  side- 
walks in  an  easy  and  commodious  manner. 

854  Sec.  t6.  It  shall  be  the  duty  of  all  policemen 
and  other  city  officers  in  case  of  accident,  to  report  the  same 
to  the  City  Attorney,  together  with  the  names  of  any  wit- 
nesses to  said  accident,  if  known  to  them,  at  once  in  writing. 

855  Sec.  17.  Sidewalks  shall  be  constructed  so  as 
to  incline  upwards  from  the  outer  edge  one  inch  in  every 
three  feet,  and  no  part  of  said  sidewalk  shall  be  taken,  for 
private  use,  by  lowering  or  cutting  down  the  same  next 
to  the  building,  or  railing  off  the  same  by  any  wooden  or 
iron  railing,  or  by  shutting  off*  the  public  from  passing 


SIDEWALKS. 


463 


along  and  over  the  same,  and  such  sidewalk  shall  not  be 
raised  up  next  to  any  building  by  constructing  any  plat- 
form on  the  same  of  either  wood,  iron  or  stone,  but  such 
sidewalk  shall  be  built  flush  up  to  the  building,  on  a uni- 
form grade,  as  herein  provided. 

856  Sec.  i8.  No  boiler,  steam  shaft,  furnace  or 
steam  pipe,  or  cess  pool,  shall  be  constructed  or  located  tor 
use,  and  no  explosive  substances,  or  inflammable  oil  or  sub- 
stance, shall  be  stored  or  kept  for  any  purpose  under  any 
sidewalk  in  the  city ; and  no  excavation,  when  permitted, 
shall  be  ventilated  into  the  street,  unless  the  aperture  or 
ventilating  hole  or  opening  shall  be  securely  covered,  as 
herein  provided. 

857  Sec.  19.  Whenever  the  owner  or  occupants  of 
any  premises  in  the  city  shall  be  notified  by  the  Board  of 
Public  Works,  or  by  someone  acting  under  the  supervision 
of  said  Board  of  Public  Works,  to  raise,  lower  or  relay 
or  repair  any  sidewalk  bordering  on  any  premises  owned  or 
occupied  by  him,  it  shall  be  the  duty  of  such  owner  or  oc- 
cupant to  cause  such  improvement  to  be  made  within  the 
time  specified  in  such  notice  and  in  the  manner  to  be  directed 
by  the  Board  of  Public  Works.  If  any  such  owner  or  occu- 
pant shall  neglect  or, refuse  to  comply  with  any  such  re- 
quirement, he  shall  be  subject  to  the  penalty  hereinafter 
provided. 

858  Sec.  20.  It  shall  be  unlawful  for  any  person  to 
construct  or  maintain,  or  cause  to  be  constructed  or 
maintained,  any  portico,  porch,  door,  window,  steps  or  fence, 
which  shall  project  into  or  over  any  street,  alley  or  side- 
walk in  such  manner  as  to  obstruct  free  passage  along  or 
over  the  same. 

859  Sec.  21.  It  shall  be  unlawful  for  any  person  to 
place  or  keep,  or  allow  to  be  placed  or  kept,  any  pot,  jar 
or  box  of  plants  or  flowers  in  or  upon  the  window  sill  of 
any  building  touching  or  coming  near  to  the  street  line  of 
any  public  street  in  the  City  of  Fort  Wayne,  above  the  first 
story  thereof  without  having  such  pots,  jars  or  boxes  pro- 
tected from  falling  into  or  upon  the  sidewalks  of  said  streets 
by  strong  wire  or  iron  guards,  securely  fastened  to  the  outer 
casing  of  such  windows. 


Inflammable 
material  and 
boilers  under 
sidewalks  un- 
lawful. 


Owners  noti- 
fied to  repair 
sidewalks. 


=>rojection  of 
porches  and 
windows  over 
sidewalks  un- 
lawful. 


Pots,  jars  and 
boxes  on  win- 
dows on 
second  stories 
unlawful. 


39 


464 


LAWS  AND  ORDINANCES. 


Splitting  wood 
on  sidewalks 
unlawful. 

Water  pipes 
across  side- 
walks unlaw- 
ful. 

Scaling  fish  on 
sidewalks  un- 
lawful. 


860  Sec.  22.  It  shall  be  unlawful  for  any  person  to 
saw  or  split  fire  wood  on  any  sidewalk  of  this  city  or  cause  or 
permit  the  same  to  be  done. 

861  Sec.  23.  It  shall  be  unlawful  for  the  owner  or 
occupant  of  any  building  to  cause  the  pipes  conducting  water 
from  the  eaves  of  such  building  to  be  so  constructed  as  to 
spurt  water  over  the  adjoining  sidewalk. 

862  Sec.  24.  It  shall  be  unlawful  to  clean  or  scale 
fish  or  to  do  anything  that  might  tend  to  be  a nuisance  in  or 
upon  any  street,  alley  or  public  place  in  this  city. 

862-A  Sec.  25.  The  following  ordinance  is  hereby 
repealed : Chapter  45,  Revised  Ordinances  of  the  City  of 

Fort  Wayne,  approved  March  ii,  1887,  and  all  the  amend- 
ments to  any  section  thereof.  Likewise  any  and  all  other 
ordinances  or  parts  of  ordinances  in  conflict  therewith. 

862-B  Sec.  26.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication. 

863  Sec.  27.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction,  be  fined  in 
any  sum  not  less  than  one  dollar  ($1.00)  nor  more  than 
one  hundred  dollars  (vSioo.oo.)  [Approved  January  26, 
1900.] 

Ordinance  Record  i,  page  366. 


GENERAL  ORDINANCE  NO.  91. 

AN  ORDINANCE  declaring  buildings,  walls  or  structures 
zvhich  arc  iinsafc  or  dangerous  to  occupants  or  passers- 
by  or  the  adjoining  building,  or  zvhich  arc  unsafe  or 
dangerous  for  the  purposes  for  which  they  are  used,  or 
are  being  in  danger  of  being  set  on  hre  from  any  defect 
in  their  construction,  or  are  especially  dangerous  in  case 
of  hre  by  reason  of  the  bad  condition  of  the  walls,  or 
lack  of  sufheient  stairs  or  means  of  egress  in  case  of  hre, 
or  from  overloaded  hoors,  defective  construction  or 
other  cause,  to  be  a nuisance,  providing  for  the  removal 
of  the  same,  the  giving  of  a notice  to  the  property 


UNSAFE  BUIEDINGS,  ETC. 


465 


holders  or  occupants,  and  for  the  collection  of  the  ex- 
pense of  such  removal. 

864  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne,  Indiana,  That  any  building, 
wall  or  structure  which  is  unsafe  or  dangerous  to  occu- 
pants or  passers-by,  or  to  adjoining  buildings,  or  which  is 
unsafe  or  dangerous  for  the  purposes  for  which  it  is  used, 
or  is  in  danger  of  being  set  on  fire  from  any  defect  in  its 
construction,  or  is  especially  dangerous  in  case  of  fire  by 
reason  of  the  bad  condition  of  walls  or  lack  of  sufficient 
stairs  or  means  of  egress  in  case  of  fire,  or  from  overloaded 
floors,  defective  construction  or  other  cause  as  is  hereby 
declared  a nuisance. 

865  Sec.  2.  Whenever  it  shall  come  to  the  knowl- 
edge of  the  Board  of  Public  Works  of  the  City  of  Fort 
Wayne,  or  complaint  shall  be  made  by  two  or  more  citizens 
that  any  building,  wall  or  structure  within  said  City  of 
Fort  Wayne  is  in  the  condition  or  of  the  character  described 
in  the  preceding  section,  said  Board  of  Public  Works  shall 
forthwith  fix  the  time  and  place  when  and  where  the  Board 
shall  sit  to  hear  and  decide  whether  any  such  building  is  in 
such  dangerous  condition,  and  shall  cause  a notice  of  such 
meeting,  setting  the  time,  place  and  purpose  thereof,  to  be 
served  upon  the  owner,  owners  or  occupants  thereof,  if  he  or 
they  reside  in  the  city,  and  if  the  owner,  owners,  agent  or 
occupants  of  said  building  cannot  be  found  within  said  city, 
then  such  notice  shall  be  published  for  three  consecutive 
days  in  a paper  of  general  circulation  in  said  city.  Such 
notice  shall  be  served  or  such  publication  completed  at 
least  one  day  before  the  time  fixed  for  holding  such  meeting. 

866  Sec.  3.  At  such  meeting  said  Board  shall  pro- 
ceed to  hear  all  the  evidence  offered  by  anyone  interested 
in  the  matter,  and  also  personally  inspect  the  premises, 
and  shall  thereupon  decide  whether  or  not  such  building  is 
in  any  such  dangerous  condition,  and  such  decision  shall  be 
entered  at  length  upon  the  records  of  the  proceedings  of 
said  Board,  and  shall  describe  wherein  the  danger  exists, 
and  said  Board  shall  also  enter  upon  their  records  an  order. 


Building  walls, 
when  unsafe, 
constitutes  a 
nuisance. 


Notice  to 
Board  that 
walls  are  un 
safe. 


Notice  served 
upon  owner 
to  appear  be- 
fore Board. 


Publication  of 
notice,  when. 


Evidence 
heard  as  to 
condition  of 
building. 


Record  of 
buildings, 
condition 
made. 


LAWS  AND  ORDINANCES. 


Failure  of 
owner  to 
comply  with 
order  of 
Board. 

Penalty. 


Cost  of  remov- 
ing building 
kept  and  pre- 
sented to 
owner  of 
building. 

Action  to  re- 
cover cost  of 
removal  by 
city. 

If  public 
safety  de- 
mands it, 
duty  of  Board 


4b() 


directing  the  owner  or  owners,  agents  or  occupants,  within 
a reasonable  time,  to  be  fixed  by  said  Board  and  specified 
in  such  order,  to  make  the  same  safe  in  such  way  as  may 
be  directed  by  said  Board  and  specified  in  such  order,  or  to 
tear  down  and  remove  the  same,  if  a removal  thereof  is 
deemed  necessarv  bv  said  Board. 

867  Sec.  4.  Whenever  any  owner,  owners,  agent, 
lessee  or  occupant  shall  neglect  or  refuse  to  comply  with  any 
order  made  under  the  provisions  of  the  preceding  section, 
within  the  time  specified  in  such  order,  he  shall  be  subject 
to  a fine  of  not  less  than  ten  dollars  ($10.00)  or  not  more 
than  one  hundred  dollars  ($100.00)  for  each  and  every  day 
such  violation  of  any  such  order  shall  continue  after  the 
expiration  of  the  time  specified  in  such  order ; and  the 
Board  shall  proceed  to  tear  down  and  remove  such  unsafe 
and  dangerous  structures,  or  to  make  the  same  safe  as  they 
mav  have  deemed  it  necessarv. 

868  Sec.  5.  An  itemized  account  of  the  expenses  of' 
tearing  down  and  of  removing  such  structure,  or  of  putting 
the  same  in  a safe  condition,  shall  be  kept  by  the  Board  of 
Public  Works,  and  shall  be  presented  to  the  owner  of  such 
structure  for  payment. 

In  case  that  the  owner  shall  refuse  to  pay  the  same 
uj'jon  demand,  then  the  same  may  be  recovered  from  said 
owner  in  an  action  of  debt  in  the  name  of  the  city. 

869  Sec.  6.  In  all  cases  where  the  public  safety  re- 
quires immediate  action,  the  Board  of  Public  Works  may 
enter  upon  the  premises,  without  any  preliminary  steps  in 
this  ordinance,  providing  with  such  assistance  as  may  be 
necessarv  and  cause  such  structure  to  be  secured  or  taken 
down  without  delay,  and  collect  the  expense  of  such  re- 
moval in  the  same  way  as  provided  in  Section  5 of  this 
ordinance. 

869-A  Sec.  7.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

869-B  Sec.  8.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  July  12,  1898.] 

Ordinance  Record  i,  page  223. 


OPENING  stkep:ts. 


467 


GENERAL  ORDINANCE  NO.  90. 

AN  ORDINANCE  prohibiting  any  person,  firm  or  corpora- 
tion not  a licensed  plumber,  sewer  builder,  gas  fitter  or 
zvater  pipe  fitter  from  excavating  in  any  street,  alley  or 
public  ground  within  the  City  of  Fort  IVayne,  zvithout 
hrst  obtaining  a permit  from  the  Board  of  Public  Works 
and  giving  bond,  and  providing  penalty  for  its  violation. 

870  Sec.  1.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  no  person,  firm  or  corpora- 
tion, not  a licensed  plumber,  sewer  builder,  gas  fitter  or 
water  pipe  fitter,  shall  injure  or  tear  up  any  pavement,  side- 
walk or  crosswalk  or  any  part  thereof,  dig  any  hole,  ditch 
or  drain,  or  dig  or  remove  any  sod,  stone,  earth,  sand  or 
gravel  from  any  street,  avenue,  alley  or  public  grounds  in 
the  City  of  Fort  Wayne,  without  first  having  applied  for 
and  o1)tained  a special  permit  from  the  Board  of  Public 
Works.  The  application  filed  must  specifically  locate  the 
point  of  excavation,  and,  upon  permission  being  granted, 
said  applicant  to  execute  a bond  to  the  City  of  Fort  Wayne 
for  such  a sum  as  may  by  the  Board  be  deemed  necessary, 
conditioned  that  said  applicant  will  guard  all  excavations 
made  in  a way  to  protect  the  public,  refill  all  openings  made 
in  the  streets,  alleys  and  public  grounds  within  the  city  in  a 
careful  manner,  and  maintain  such  refilled  places  for  a 
period  of  two  years  thereafter,  and  conditioned,  further,  that 
if  applicant  makes  excavation  in  any  paved  street  or  alley, 
that  said  displacement  will  be  repaired  with  such  new  ma- 
terial and  in  such  proportions  as  the  pavement  originally 
contained. 

If  the  conditions  of  his  bond  are  not  complied  with, 
principal  and  sureties  on  said  bond  shall  be  liable  unto  the 
City  of  Fort  Wayne,  in  damage,  or  to  any  person,  persons 
or  cor])oration  that  may  be  injured  by  such  failure,  and  the 
City  of  Fort  Wayne,  or  anyone  injured,  may  recover  on 
the  said  bond. 

870-A  Sec.  2.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  with  the  provisions  of  this  ordinance  are 
hereby  repealed. 


Opening 
streets  unless 
by  plumber 
or  gas  fitter, 
restricted. 


Application 
made  to  the 
Board  of 
Works. 

Bond  filed. 


Extent  of  lia- 
bility on  bond 


Penalty. 


Tenement 
houses  and 
factories 
furnished 
with  privies. 


Vault,  depth. 
Water  tight. 


Notice,  to 
whom. 


When  a 
nuisance. 


Who  liable  for 
maintaining. 


468  LAWS  AND  ORDINANCES 

871  Sec.  3.  Any  person  violating  any  provision  of 
this  ordinance  shall,  upon  conviction  of  such  violation,  pay 
a fine  not  exceeding  one  hundred  dollars  ($100.00)  and  not 
less  than  five  dollars  ($5.00)  for  each  offense  so  committed. 

871 -A  Sec.  4.  This  ordinance  shall  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  June  28,  1898.] 

Ordinance  Record  i,  page  221. 


GENERAL  ORDINANCE  NO.  150. 

AN  ORDINANCE  regulating  the  eonstruetion  of  vaults. 

872  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  That  each  and  every  tenement 
house,  factory,  dwelling  house,  shop,  hotel  and  occupied 
building  shall  be  furnished  with  a suitable  privy,  the 
vault  of  which  shall  be  one  which  shall  sink  under  ground 
at  least  four  feet  deep,  and  walled  up  with  brick,  stone  or 
other  metallic  substance,  which  shall  be  watertight;  and 
said  privy  shall  at  all  times  be  kept  so  as  not  to  cause  un- 
wholesome, noxious  or  offensive  smells. 

873  Sec.  2.  The  Board  of  Health,  upon  being  satis- 
fied that  any  tenement  house,  factory,  shop,  dwelling  house, 
hotel  building,  hereinbefore  mentioned,  is  not  provided  with 
a suitable  privy,  and  having  declared  so,  shall  cause  a writ- 
ten or  printed  notice  to  be  given  the  owner  or  agent  if 
found  within  the  city  (if  not,  then  the  lessee  or  occupant)  ; 
and  if  within  ten  days  such  privy  be  not  constructed,  shall 
cause  complaint  to  be  made  for  violation  of  this  ordinance, 
and  each  and  every  day’s  failure  to  comply  with  such  notice 
shall  be  deemed  a distinct  offense,  and  as  such  punished. 

874  Sec.  3.  All  privies  constructed  of  insufficient 
materials  or  in  unsuitable  places,  or  in  insufficient  and  in- 
adequate manner,  or  suffered  to  become  too  full,  or  to  emit 
noxious  or  offensive  smells,  shall  be  deemed  a nuisance,  if 
injurious  to  health,  comfort  or  convenience.  Any  owner, 
occupant  or  lessee  of  premises  whereon  the  same  is  situated 
shall  be  liable  to  the  penalty  herein  provided  for  con- 
structing, suffering  or  maintaining  the  same. 


NUMBERING  OF  HOUSES. 


469 


875  Sec.  4.  The  contents  of  any  privy  shall  not  be 
deposited  at  any  place  other  than  that  designated  by  the 
Board  of  Health. 

876  Sec.  5.  Nothing  herein  contained  shall  be  con- 
strued as  applying  to  houses,  factories,  stores,  shops  or  build- 
ings furnished  with  a cleanly  and  proper  water-closet,  prop- 
erly connected  with  a sewer  or  water  course ; nor  shall  any- 
thing herein  be  construed  as  repealing  any  ordinance  hereto- 
fore established  concerning  privies  and  nuisances. 

876-A  Sec.  6.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  January  26,  1900.] 

Ordinance  Record  i,  page  373. 


GENERAL  ORDINANCE  NO.  71. 

AN  ORDINANCE  to  provide  for  the  uniform  numbering 

of  houses. 

877  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  Wayne,  Indiana,  That  every  owner  of  a 
building  on  any  street,  avenue  or  alley  in  the  city  shall  be 
notified  of  the  proper  number  of  such  building  by  the  City 
Engineer  or  the  Board  of  Public  Works,  place  the  same  in 
a conspicuous  place  on  the  front  of  such  buildings.  One 
whole  number  shall  be  allowed  on  every  twenty  feet  of 
ground  wherever  practicable,  whether  improved  or  vacant, 
provided  that  any  house  or  tenement  with  a less  front  than 
twenty  feet  shall  receive  a whole  number,  and  that  all 
streets,  avenues  or  alleys  running  north  and  south  shall  num- 
ber from  St.  Mary’s  and  Maumee  rivers  or  the  commence- 
ment of  said  street  nearest  thereto  with  odd  numbers  on 
the  east  side  and  even  numbers  on  the  west  side  of  said 
streets,  avenues  or  alleys,  and  all  streets,  avenues  or  alleys 
running  east  and  west  shall  be  numbered  east  from  Calhoun 
street,  or  the  terminus  of  said  street  nearest  thereto,  with 
odd  numbers  on  the  north  side  and  even  numbers  on  the 
south  side,  and  west  from  Calhoun  street,  or  the  terminus 
of  said  street  nearest  thereto,  with  odd  numbers  on  the 


Contents, 
where  depos- 
i led. 


To  what 
houses  this 
Ordinance, 
does  not 
apply. 


House 

numbers. 


Placed  where. 


Width  of  lots. 


How 

numbered. 


470 


LAWS  AND  OKDINANCES. 


Starting. 

points, 

where. 


f?efusal  to 
number. 


Penalty. 


Engineer  to 
divide  lots  in 
spaces. 


Book  of  num- 
ber kept  in 
his  office. 


south  side  and  even  numbers  on  the  north  side  of  said 
streets,  avenues  or  alleys,  and  in  numbering  said  streets, 
avenues  or  alleys,  one  hundred  numbers  shall  be  allowed  to 
each  block  of  the  usual  length  of  blocks,  so  that  the  num- 
ber of  each  consecutive  block  shall  commence  with  con- 
secutive hundreds  and  one. 

878  Sfx.  2.  The  City  Civil  Engineer,  in  making  out 
the  proper  number  of  said  houses,  shall  be  governed  by  the 
initial  or  starting  point,  which  shall  be  the  St.  Mary’s  and 
Maumee  rivers  and  Calhoun  street,  respectively,  allowing 
one  hundred  numbers  for  each  square,  with  an  even  hun- 
dred at  the  commencement  of  each  square,  as  aforesaid,  and 
in  all  respects  adhering  to  the  decimal  system  of  enumera- 
tion. Also,  in  all  streets  running  in  opposite  directions,  but 
not  extending  to  the  initial  points,  the  same  order  of 
enumeration  shall  be  observed  as  though  such  streets  did 
actually  extend  to  such  points.  And  in  such  parts  of  the 
city  as  it  may  be  impracticable  to  accurately  follow  this 
system,  the  said  City  Civil  Engineer  shall  arrange  the  num- 
bering as  nearly  in  accordance  therewith  as  possible. 

879  Sec.  3.  Every  person  who  may  be  the  owner, 
lessee  or  occupant  of  any  building  required  to  be  numbered 
by  this  chapter  or  any  subsequent  ordinance,  who  shall  re- 
fuse or  neglect  to  number  his,  her  or  their  building  in  con- 
formity with  this  ordinance  or  any  subsequent- ordinance, 
and  in  compliance  with  the  direction  of  the  engineer,  shall 
be  fined  in  the  sum  of  not  less  than  one  dollar  ($1.00)  or 
more  than  five  dollars  ($5.00.) 

880  Sec.  4.  The  City  Civil  Engineer  is  hereby  re- 
quired to  have  the  different  lots  and  blocks  herein  required  to 
be  numbered  into  the  proper  spaces  and  to  fix  to  each  of 
said  spaces  the  proper  number  and  enter  into  a suitable  book 
to  be  prepared  by  him  and  kept  in  his  office,  a distinct  mem- 
orandum of  such  spaces  of  the  corresponding  numbers,  and 
at  all  reasonable  hours,  when  requested  to  do  so,  said  engi- 
neer shall  permit  such  book  to  be  inspected  and  copies  to  be 
taken  therefrom,  and  he  shall  furnish  information  as  to  the 
pro])er  number  to  represent  any  building  or  piece  of  ground 
whether  required  by  the  Council  to  be  numbered  or  not. 


AKKAS  OR  BASEMENTS  BUILT. 


471 


881  Sec.  5.  The  numbers  shall  consist  of  figures  not 
less  than  three  inches  in  length,  and  so  made  as  to  be 
distinctly  or  easily  read. . 

881 -A  Sec.  6.  This  ordinance  shall  be  in  full  force 
and  efifect  on  and  after  January  i,  1898,  and  its  passage  and 
approyal  by  the  Mayor.  [Approved'  April  27,  1897.] 
Ordinance  Record  i,  page  19 1. 


GENERAL  ORDLNANCE  NO.  141. 

AN  ORDINANCE  authoriAng  the  construction  of  areas, 

vaults  and  basements  binder  sidewalks. 

882  Sec.  I.  No  person,  persons,  firm,  corporation  or 
association  shall  hereafter  excavate,  construct  or  build  any 
area  or  basement  under  any  sidewalk,  street,  highway,  ave- 
nue, lane  or  alley  in  the  City  of  Eort  Wayne,  unless  per- 
mission shall  have  first  been  granted  by  the  Board  of  Public 
Works  to  build  or  construct  such  area  or  basement. 

883  Sec.  2.  The  walls  enclosing  such  area  or  base- 
ment shall  in  no  case  extend  into  or  under  any  sidewalk, 
street,  highway,  avenue,  lane  or  alley  in  the  City  of  Fort 
Wayne,  farther  than  to  the  inside  of  the  curb  line  of  any 
such  street,  highway,  avenue,  lane  or  alley  in  the  City  of 
Fort  Wayne,  and  no  such  area  wall  shall  be  built  in  any  case 
until  a plan  of  such  wall,  showing  the  location,  dimensions 
the  material  to  be  used  and  the  manner  of  construction 
thereof,  shall  have  been  submitted  to  the  Board  of  Public 
Works  and  shall  have  been  approved  by  said  Board. 

884  Sec.  3.  It  shall  be  and  it  is  hereby  made  the 
duty  of  the  Board  of  Public  Works  to  examine  any  plan  of 
contemplated  area  walls  which  shall  be  submitted  to  them, 
and  tlie  proposed  location  thereof,  and  to  approve  or  disap- 
prove of  the  same ; and  to  supervise  the  construction  of  the 
same  according  to  such  plans  and  specifications  furnished  to 
and  approved  bv  said  Board  as  aforesaid. 

885  Sec.  4.  In  granting  permission  to  excavate,  con- 
struct or  build  any  area  or  basement  under  any  sidewalk, 
street,  avenue,  highway,  lane  or  alley  in  the  City  of  Fort 


Size  of 
numbers. 


Areas  or  base- 
ments built. 


Permission  of 
Board  of 
Works. 

Extent  of 
areas  or 
basements. 


Plans  of  areas 
or  basements 
examined  by 
Board  of 
Works. 


472 


LAWS  AND  ORDINANCES. 


Permission  to 
build  areas 
subject  to  fu 
ture  use  by 
city. 


Areas  on 
street  corners 
prohibited. 


Penalty. 


Coal  hole,  cov- 
ered with 
iron  plate. 


Owner  of 
property  lia- 
ble for  de- 
fective coal 
holes,  etc., 
when. 


Wayne,  as  provided  in  this  ordinance,  the  City  of 
Fort  Wayne  does  not  relinquish  any  right  it  has  or  may  have 
to  use  that  portion  of  or  under  any  sidewalk,  street,  avenue, 
highway,  lane  or  alley  in  the  City  of  Fort  Wayne,  which 
may  be  included  in  such  area  or  basement,  for  any  purpose 
for  which  it  might  have  used  the  same  as  if  such  permission 
had  not  beeen  granted. 

886  Sec.  5.  No  permit  shall  be  granted  for  the  per- 
manent use  and  occupancy  of  so  much  space  under  the  side- 
walks at  the  corner  of  the  streets  as  may  be  necessary  for 
hydrants,  lamp  posts,  or  for  access  to  the  same,  and  such 
space  shall  be  specified  and  reserved  in  all  cases  for  the  use 
of  the  citv  whenever  it  may  require  the  same  for  any  purpose. 

887  vSec.  6.  Any  owner,  builder  or  other  person  who 
shall,  in  violation  of  this  ordinance,  occupy  or  use  any  part 
of  the  public  street  beneath  or  under  any  such  sidewalks,  or 
included  within  the  sidewalk  lines,  or  if  there  be  no  such 
sidewalks,  shall  occupy  or  use  below  the  grade  such  part 
thereof  as  comes  within  the  sidewalk  lines  of  said  street, 
without  a permit  first  had,  and  obtained  under  this  ordi- 
nance, shall  be  liable  to  the  penaltv  hereinafter  prescribed. 

888  Sec.  7.  Every  opening  in  any  vault  or  coal  hole 
or  other  aperture  in  the  sidewalk  or  over  said  coal  hole  or 
vault,  shall  be  covered  with  a substantial  iron  plate,  with  a 
rough  surface,  to  prevent  accidents,  and  the  entire  con- 
struction of  said  coal  holes  and  vaults  shall  be  subject  to  the 
directions  and  supervising  of  the  City  Civil  Engineer,  or 
such  other  person  as  the  Board  of  Public  Works  may  desig- 
nate. 

889  Sec.  8.  The  owner  or  occupant  of  the  abutting 
premises,  in  front  of  which  any  coal  hole,  vault  or  area  is 
thus  permitted  to  be  constructed,  shall  be  held  responsible 
for  any  and  all  damages  to  persons  or  property,  in  conse- 
quence of  any  defect  in  the  construction  of  such  coal  hole, 
vault  or  area,  or  for  allowing  the  same  or  any  portion  thereof 
to  remain  out  of  repair;  and  such  owner  and  occupant  shall 
be  required  to  keep  the  said  coal  hole,  vault  or  area,  and  the 
walls  and  coverings  of  the  same  in  good  order  at  all  times. 

890  Sec.  9.  The  owner  or  occupant  of  any  prem- 


PAYMENT  OF  DAMAGES. 


473 


ises  abutting  on  such  coal  hole,  vault  or  area  shall  be  held 
responsible  for  any  and  all  damages  occasioned  to  persons 
or  property  in  consequence  of  the  aperture  in  the  sidewalk 
being  left  open  or  uncovered,  or  from  the  cover  thereof  being 
left  insecure  or  unfastened,  and  such  occupant  shall  be  re- 
quired to  keep  such  coal  hole,  vault  or  area  cover  in  good 
order  and  safe  for  public  travel  over  the  same. 

891  Sec.  io.  No  person  or  persons  shall  remove  or 
insecurely  fix,  or  cause,  or  sufifer,  or  permit  to  be  removed 
or  insecurely  fixed,  so  that  the  same  can  be  moved  in  its  bed, 
any  grate  or  covering  of  an\  coal  hole,  vault  or  chute  under 
any  sidewalk  or  other  public  place : Provided,  That  nothing 
herein  contained  shall  prevent  the  owner  or  occupant  of  the 
premises  with  which  such  coal  hole,  vault  or  chute  shall  be 
connected,  from  removing  such  grate  or  covering  for  the 
pro]:>er  purpose  of  such  coal  hole,  vault  or  chute,  provided  he 
inclose  such  opening  or  aperture  and  keep  the  same  inclosed 
while  such  grate  or  covering  shall  be  removed,  with  a sub- 
stantial box  or  curb  not  less  than  twelve  inches  high,  and  pro- 
vided, further,  that  he  shall  not  remove  such  grate  or  cov- 
ering until  after  daylight  of  any  day,  and  shall  replace  such 
grate  or  covering  before  one-half  hour  after  sunset. 

892  Sec.  II.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance,  upon  conviction,  shall  be  fined  in 
anv  sum  not  exceeding  one  hundred  dollars  ($ioo.oo.) 

892-A  Sec.  12.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

892- B Sec.  13.  This  ordinance  to  be  in  full  force 
and  efifect  from  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  November  14,  1899.] 

Ordinance  Record  i,  page  339. 


Coal  holes 
left  open, 
who  liable. 


Covers  of 
opening  re- 
moved 


Owner  may  1 
move  if  he 
protects 
opening. 


Penalty. 


GENERAL  ORDINANCE  NO.  123. 

AN  ORDINANCE  in  relation  to  the  payment  of  damages 
by  the  City  Treasurer  for  the  condemnation  of  real 
estate. 


893  Sec.  I.  Be  it  ordainfd  by  the  Common  Council 


474 


LAWvS  AND  ORDINANCES. 


Property  con- 
demned for 
public  pur- 
poses, dam- 
ages, how 
paid. 


Abstract  of 
title  required. 


- City  Attorney 
to  bring  suit. 


of  the  City  of  Fort  Wayne,  That  whenever  any  damages 
have  been  awarded  by  the  Board  of  Public  Works,  for  or 
on  account  of  the  condemnation  of  real  estate,  for  the  use  of 
the  public  in  opening,  widening,  altering  or  straightening  of 
streets  or  alleys,  it  shall  be  the  duty  of  the  City  Treasurer, 
before  paying  such  damages,  to  require  the  party  to  whom 
such  damages  are  awarded  to  furnish  him  an  abstract  of 
the  title  to  the  said  property  so  condemned ; and  if  such  ab- 
stract shall  show  any  mortgages,  judgments  or  other  liens 
upon  the  same,  the  said  Treasurer  shall  require  the  party 
awarded  such  damages  to  procure  a release  of  the  property 
from  such  liens  before  he  shall  be  entitled  to  collect  such 
damages.  In  case  the  said  party  shall  not  obtain  such  re- 
lease, then  it  shall  be  the  duty  of  the  Treasurer  to  notify 
the  holders  of  .such  liens  of  such  condemnation  and  of  the 
awarding  of  such  damages,  and  require  them  to  at  once 
make  any  claims  that  they  desire  to  hold  against  such  dam- 
ages : and  in  the  event  the  parties  cannot  agree  as  to  whom 
the  said  damage  shall  be  paid,  then  the  Treasurer  shall  re- 
port all  the  facts  to  the  City  Attorney,  whose  duty  it  shall 
be  to  institute  proceedings,  as  required  by  Section  i6  of  the 
act  of  the  legislature  in  relation  to  the  laying  out,  opening, 
widening,  altering  and  vacating  streets,  alleys,  highways, 
etc.,  approved  March  17,  1875. 

893-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Alayor 
and  legal  publication.  [Approved  June  13,  1899.] 

Ordinance  Record  i,  page  285. 


GENERAL  ORDINANCE  NO.  43- 

AN'  ORDINANCE  requiring  all  persons  ozvning  property 
abutting  on  streets  having  a grade  higher  than  the  side- 
zvalk  direetly  contiguous  thereto,  to  place  said  property 
in  such  a condition  as  to  prezjent  the  ground  abutting  on 
the  sidezvalk  from  zvashing  dozvn,  along  and  over  the 
sidezvalk,  and  providing  a penalty  for  the  violation  of 
this  ordinance. 

894  Sec.  I.  Be  it  ordained  by  the  Common  Council 


PEKvSONAT.  PKOPEKTY  BELONGING  TO  CITY. 


475 


of  the  City  of  Fort  Wayne,  That  it  shall  be  the  duty  of  all 
persons,  companies  or  corporations  owning  property  abut- 
ting on  any  streets,  alleys  or  public  ])laces  in  the  City  of 
Fort  Wayne,  said  property  having  a grade  higher  and  above 
the  street,  sidewalk,  alley  or  public  place  lying  directly  con- 
tiguous thereto,  to  eitjiier  sod  said  abutting  ])roperty  or  in 
some  manner  place  the  same  in  such  a condition  as  to  pre- 
vent said  contiguous  ground  from  washing  down,  over  and 
along  the  said  sidewalk,  street,  alley  or  public  place. 

895  Sec.  2.  Any  person  failing  to  comply  with  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  main- 
taining a nuisance  and,  upon  conviction,  shall  be  fined  in 
any  sum  not  exceeding  five  dollars  ($5.00),  and  each  day’s 
continuance  in  violation  of  the  provisions  of  this  ordinance 
shall  be  deemed  to  constitute  a separate  offense. 

895-A  Sec.  3.  This  ordinance  shall  lie  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Fort  Wayne, 
Indiana.  [Approved  December  10,  1895.] 

Ordinance  Record  i,  page  126. 


GENERAL  ORDINANCE  NO.  112. 

AN  ORDIN ANCF.  authorising  the  sale  and  alienation  of 
personal  property  belonging  to  the  City  of  Fort  Wayne, 
and  matters  connected  therewith,  and  fixing  the  time 
for  the  taking  effect  thereof. 

896  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  whenever  any  personal 
property  belonging  to  said  City  of  Eort  Wayne  shall  no 
longer  be  needed,  or  no  longer  fit  for  the  purpose  for  which 
it  was  intended  to  be  used,  and  it  shall  be  deemed  advisable 
by  the  head  or  heads  of  any  department. of  said  city  having 
the  care  and  custody  of  such  property  to  sell  the  same,  such 
head  or  heads  of  any  such  department  shall  make  or  cause  to 
be  made  an  inventory  of  such  property,  particularly  describ- 


Terraces 
along  side- 
walk to  be 
sodded. 


Penalty. 


Personal  prop- 
erty, sale  of. 


476 


LAWS  AND  ORDINANCES. 


Inventory, 
how  made. 


Appraise- 
ments, how 
made. 


Mayor  submits 
inventory, 
etc.,  to  Com- 
mon Council. 


Sale,  how 
made. 


Voucher  given 


ing  it,  and  shall  cause  such  property  so  inventoried  to  be  ap- 
praised by  three  disinterested  freeholders  of  such  City  of 
Fort  Wayne,  to  be  appointed  for  that  purpose  by  the  Judge 
of  the  Circuit  Court  in  and  for  the  County  of  Allen  and 
State  of  Indiana,  neither  of  such  appraisers  to  be  officers 
or  employes  of  said  city,  which  appraisers  so  appointed 
shall  make  their  appraisement  and  sworn  valuation  in 
writing,  which  appraisement  and  sworn  valuation  in  writing, 
together  with  such  inventory,  shall  be  returned  to  the  Mayor 
of  said  city,  who  shall,  if  he  approves  said  proceedings  and 
contemplated  sale,  endorse  his  approval  of  the  same  in 
writing  on  such  appraisement  and  sworn  valuation,  and  if 
such  valuation  shall  amount  in  the  ag'gregate  to  a sum 
less  than  two  hundred  dollars  ($200.00),  said  Mayor  shall 
return  said  inventory,  appraisement  and  approval  to  the  de- 
partment from  which  it  came ; but  if  such  valuation  shall 
amount  in  the  aggregate  to  two  hundred  dollars  ($200.00) 
or  more,  said  Mayor  shall  submit  said  inventory,  appraise- 
ment and  approval  to  the  Common  Council,  which  shall, 
if  it  approves  such  sale,  authorize  the  same  by  ordinance-. 
When  such  sale  shall  be  approved  by  the  Mayor,  if  the 
aggregate  appraisement  is  two  hundred  dollars  ($200.00), 
or  if  the  aggregate  appraisement  is  two  hundred  dollars 
($200.00)  or  more,  when  approved  by  the  Mayor  and  the 
Common  Council,  the  head  or  heads  of  any  such  depart- 
ment shall  thereupon  offer  said  property  for  sale  at  public 
or  private  sale,  upon  such  notice  as  shall  seem  advisable  to 
such  head  or  heads  of  the  department,  and  shall  sell  the 
same  or  any  part  thereof  for  the  best  price  that  can  be  ob- 
tained for  such  property.  But  no  sale  of  any  property  shall 
be  made  for  a less  sum  than  the  appraisement  therein,  and 
no  sale  shall  be  made  except  for  cash.  Whenever  a pur- 
chaser for  any  such  property  is  found,  such  purchaser 
shall  pay  the  purchase  price  to  the  head  or  heads  of 
such  department,  who  shall  thereupon  deliver  to  such  pur- 
chaser a bill  of  sale  of  such  property,  and  such  purchaser 
shall  thereupon  be  entitled  to  the  property  so  sold.  Imme- 
diately after  any  such  sale  the  head  or  heads  of  such  de- 
partment shall  pay  the  purchase  money  into  the  city 


WATER  WORKS  TRUSTEES. 


477 


treasury,  and  receive  a voucher  therefor,  which  voucher  shall 
be  deposited  with  the  City  Comptroller  and  a careful  ac-. 
count  of  the  transaction  shall  be  kept  by  the  department 
making-  the  sale. 

897  Sec.  2.  Each  of  the  three  appraisers  appointed 
for  any  sucli  appraisement,  as  provided  for  in  the  pre- 
ceding section,  shall  be  entitled  to  receive  for  his  services 
the  sum  of  two  dollars  ($2.00)  upon  presentation  to  the 
City  Comptroller  of  a certificate  from  the  head  or  heads  of 
such  departments,  that  such  ])crson  has  been  appointed  as 
such  appraiser,  and  has  made  such  appraisement,  and  pay- 
ment thereof  shall  be  from  the  fund  appropriated  to  the 
Finance  Department  for  incidental  expenses  of  the  city  of- 
ficers. 

897-A  Sec.  3.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  herebv  repealed. 

897-B  Sec.  4.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  April  25,  1899.] 

Ordinance  Record  i,  page  267. 


GENERAL  ORDINANCE  NO.  100. 

AN  ORDINANCE  requiring  the  Board  of  Water  Works 
Trustees  to  set  aside  as  a sinking  fund,  to  pay  interest 
and  principal  of  water  zvorks  indebtedness,  any  surplus 
of  the  revenues  of  the  department,  after  paying  oper- 
ating expenses,  and  making  all  necessary  extensions. 

898  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  Board  of  Water  Works 
Trustees  are  hereby  required  to  set  aside  as  a sinking  fund 
any  surplus  of  revenues  of  the  department  that  may  now 
exist  or  that  may  be  accumulated  during  the  year,  after 
paying  the  operating  expenses  and  making  the  necessary 
extensions.  Said  sinking  fund  to  be  used  by  said  Board  in 
November,  1899,  the  ]3artial  ])ayment  of  the  interest  and 
principal  of  water  works  1)onds  coming  due  at  that  time. 
898-A  Sec.  2.  This  ordinance  to  be  in  full  force 


Appraisers’ 

fee. 


Water  Works 
T rustees. 


To  set  aside  a 
sinking  fund. 


478 


LAWS  AND  OKDINANCES. 


City  Clerk 
fees  for 
transcripts. 


County 
Auditor 
authorized  to 
refund  city 
taxes,  when. 


Statement  to 
Comptroller 
by  Auditor, 
when. 


and  effect  on  and  after  its  passage  and  approval  bv  the 
Mayor.  [Approved  January  24,  1899.] 

( )rdinance  Record  i,  page  235. 


AX  ORDI NANCE  fixing  the  fees  by  him  charged  for  the 
making  of  transcripts. 

(Approved  April  11,  1887.) 

899  Srx'.  I.  The  City  Clerk  of  said  city  shall  he 
entitled  to  the  same  fees  for  making  out  and  certifying 
transcripts  as  are  allowed  hy  law  to  the  Clerk  of  Allen 
county : and  in  all  cases  said  fee  shall  he  paid  in  advance  of 
delivery.  Said  Clerk  is  hereby  authorized,  empowered  and 
directed  to  retain  in  his  possession  such  transcri])ts  until 
his  fees  for  making  out  and  certifying  the  same  shall  have 
hceen  paid  or  tendered  to  him  by  the  party  applying  for 
the  same. 


GENERAL  ORDINANCE  NO.  28. 

A.Y  ORDI N ANCE  authorizing  the  Comity  Auditor  to  issue 
overcharges  and  rcfnnders  to  parties  erroneously  as- 
sessed for  city  taxes. 

900  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Eort  Wayne,  That  the  County  Auditor  is 
hereby  authorized  and  empowered  to  issue  overcharges  and 
refunders  to  parties  erroneously  assessed  for  city  taxes,  and 
the  same  authority  is  hereby  conferred  upon  the  County 
Auditor  in  relation  to  city  taxes  in  the  issuing  of  overcharges 
and  refunders  as  is  now  conferred  upon  the  Auditor  under 
the  law  in  regard  to  county  and  state  taxes : Provided, 

ddiat  the  Auditor  shall,  at  least  twice  each  year,  namely : On 
the  first  day  of  January  and  the  first  day  of  June,  make  a 
statement  in  writing  of  all  city  taxes  refunded  and  over- 
charges made  during  the  six  months  preceding  the  time  of 
making  of  such  statement  and  certify  the  same  to  the  Comp- 
troller of  said  citv.  The  said  statement  to  contain  the  rea- 


ovkk-chak(;hs  and  kefundkk\s. 


47V 


sons  for  issuing-  each  and  every  refnnder  and  the  making 
of  each  and  every  overcharge  tlierein  contained. 

900-A  Sfx.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  ])assage  and  approval  by  the 
Mayor.  fAp])roved  i\ larch  12,  1895.] 

Ordinance  Record  1,  page  99. 


MALFEASANCE  OE  OEEICERS. 

(Approved  March  11,  1887.) 

(Chapter  27,  Revised  Ordinances.) 

901  Sec.  I.  Any  complaint  making  charges  against 
any  member  of  the  Common  Council  or  any  officer  of  the 
city,  shall  be  made  in  writing,  specifying  the  grounds  of 
such  charges,  and  such  complaint  shall  be  signed  and  sworn 
to  by  the  person  making  the  same,  and  shall  be  filed  with 
the  City  Clerk,  and  the  same  shall  be  by  the  said  Clerk  re- 
ported to  the  Council  immediately,  if  the  Council  is  then  in 
session,  or,  if  not  in  session,  then  at  its  next  meeting. 

902  Sec.  2.  The  Common  Council  shall,  if  in  its 
opinion  the  charges  made  are  proper  to  be  tried  and  investi- 
gated, fix  a time  for  the  trial  of  the  same.  A copy  of  said 
charges,  with  a notice  of  the  time  fixed  for  such  trial, 
shall  be  served  on  the  accused  at  least  five  days  before  the 
time  fixed  for  trial. 

903  Sec.  3.  That  at  the  time  fixed  for  such  trial,  or 
at  such  other  time  as  the  Council  may  adjourn  to,  the 
charges  made  in  such  complaint  shall  be  tried  before  the 
Council.  The  accused  shall  have  the  right  to  be  present 
and  defend  himself  in  person  and  by  counsel.  He  shall  be 
entitled  to  have  from  the  Alayor,  at  his  own  cost,  subpoena 
or  other  compulsory  process,  to  compel  the  attendance  of 
witnesses  and  the  production  of  books  and  papers.  It  shall 
be  the  duty  of  the  City  Attorney,  upon  notice  from  the 
Common  Council,  to  conduct  such  trial. 

904  Sec.  4.  If  any  charge  as  aforesaid  shall  be  pre- 
ferred against  a member  of  said  Council,  he  shall  have  no 
vote  in  any  of  the  proceedings  upon  such  charges ; and  if 
the  Mayor  be  such  accused  party,  the  Council  shall  a])point 


Officers’ 
malfeasance 
of,  complaint 
filed  with 
Clerk. 


Time  for  trial, 
how  fixed. 


Charges,  how 
tried. 


Duty  of  City 
Attorney. 


Officers  sus- 
pended 
during  trial. 


480 


LAWS  AND  OKDINANCES. 


Two-thirds 
vote  to  estab- 
lish guilt. 


South  Wayne. 


Annexation. 


a president  from  among  their  own  body ; and  if  against  the 
Clerk,  the  Council  shall  appoint  a clerk  “pro  tern,”  to  serve 
as  such,  until  such  charge  shall  be  determined. 

905  Sec.  5.  After  conclusion  of  the  evidence  and 
argument,  if  any,  a viva  voce  vote  shall  be  taken  on  each 
specification  of  such  charge,  when  if  two-thirds  of  all  the 
whole  number  of  said  Council  shall  determine  that  the  ac- 
cused is  guilty  of  such  charge,  or  of  any  specification  there- 
of, the  offender  shall  be  suspended,  reprimanded  or  re- 
moved from  his  office,  and  sentence  shall  be  pronounced  by 
the  presiding  officer  of  the  Council. 


GENERAL  ORDENANCE  NO.  8. 

AN  ORDINANCE  providing  for  the  annexation  of  the  En- 
tire Corporate  Territory  of  the  Town  of  South  Wayne, 
Allen  County,  Indiana,  to  the  City  of  Fort  Wayne,  Allen 
County,  Indiana,  and  providing  for  the  publishing  of 
this  ordinance  at  least  tzvo  conseeiitive  zveeks  in  a daily 
nezvspaper  of  general  circulation  published  i)i  said  city. 

906  Sec.  I.  Be  it  ordained  by  the  Coninwn  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  all  of  the  terri- 
tory now  constituting  the  Town  of  South  Wayne,  Allen 
County,  Indiana,  be  annexed  to  and  become  a part  of  the 
City  of  Eort  Wayne,  Allen  County,  Indiana,  the  corporate 
limits  of  said  town  being  contiguous  to  the  corporate  limits 
of  said  city,  and  more  particularly  described  as  follows, 
to-wit : Commencing  at  the  intersection  of  the  right  bank 

of  the  St.  Mary's  river  with  the  north  line  of  the  south  half 
of  the  southeast  ciuarter  of  Section  to,  Township  30  north, 
Range  12  east,  second  princi])al  meridian  in  Allen  County, 
Indiana:  thence  east  2,343  feet  to  the  center  of  Broadway; 
thence  south  along  the  center  line  of  Broadway  eighteen 
feet  to  the  center  of  Creighton  avenue : thence  east  along  the 
center  line  of  Creighton  avenue  2,640  feet  to  the  center  of 
Iloagland  avenue:  thence  south  along  the  center  line  of 
Hoagland  avenue  5,164  feet  to  the  intersection  of  the  north 
line  of  Richardville  reservation  : thence  wxst  along  said  re- 


stkkkt  caks. 


481 


serve  line  4,980  feet  to  the  intersection  of  the  right  bank  of 
the  St.  Alary’s  river;  thence  north  and  northwesterly  with 
the  nieanderings  of  said  river  to  the  place  of  beginning, 
containing  600  acres,  in  Allen  County,  Indiana. 

906-A  Sec.  2.  This  ordinance  shall  be  in  fnll  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Alayor  and  the  publishing  of  the  same  for  two  consecutive 
weeks  in  the  Fort  Wayne  Daily  Gazette,  a daily  newspaper 
of  general  circulation  jjublished  in  the  City  of  Fort  Wayne, 
Indiana.  [ Approved  August  14,  1894.] 

Ordinance  Record  i,  page  75. 


AN  ORDIN.INCE  authorizing  the  Mayor  to  remit  fines 
for  the  violation  of  city  ordinances. 

(Approved  March  11,  1887.) 

(Chapter  41,  Revised  Ordinances,  1887.) 

907  Sec.  I.  The  Alayor  of  the  City  of  Fort  Wayne 
is  hereby  authorized  to  remit  any  fine  assessed  for  a viola- 
tion of  the  city  ordinances,  when  in  the  exercise  of  a sound 
and  reasonable  discretion  he  may  deem  such  remitter  just 
and  proper. 


GENERAL  ORDINANCE  NO.  68. 

Ai\‘  ORDINANCE  to  require  street  cars  to  he  equipped 
with  fenders  and  wheel  guards,  and  forbidding  any 
person  to  get  upon  such  fenders  ndien  not  in  danger  of 
injury. 

908  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  all  persons,  associations  or 
corporations  now  or  hereafter  owning  or  operating  street 
railways  in  the  City  of  Fort  Wayne  by  electricity,  shall 
provide  all  of  their  grip  or  motor  cars  now  or  hereafter  in 
use  with  fenders  designed  to  catch  and  sustain  any  human 
being  who  may  be  in  the  way  of  such  car,  and  also  provide 
and  equip  all  their  street  cars  with  front  and  rear  wheel 
guards,  which  fenders  and  wheel  guards  shall  be  of  a de- 
sign winch  the  P>oard  of  Public  Works  shall  have  certified 


Mayor,  remis- 
sion, fines. 


Motor  cars 
supplied  with 
fenders. 


Design  of 
fenders  to  be 
approved  by 
Board  of 
Works. 


482 


LAWS  AND  ORDINANCES. 


Board  of 
Works  to 
pass  on  de- 
sign. 


Violation. 

Penalty. 


Persons  going 
upon  fenders, 


Penalty. 


in  writing,  meets  the  approval  of  such  Board.  All  such 
cars  shall  be  equipped  with  such  fenders  and  wheel  guards 
by  July  1st,  1897,  and  such  fenders  and  guards  shall  be 
placed  on  all  street  cars  in  use  hereafter. 

909  Sec.  2.  It  shall  be  the  duty  of  the  Board  of 
Public  Works  to  examine  and  pass  upon  all  designs  for 
fenders  and  guards  submitted  to  such  Board  by  any  street 
railway  company,  and  to  give  a written  certificate  to  such 
company  of  the  approval  or  disapproval  of  such  designs  by 
said  Board. 

910  Sec.  3.  Any  person,  corporation  or  employe, 
operating  any  street  car  in  the  City  of  Fort  Wayne  after 
July  1st,  1897,  not  equipped  with  fenders  and  guards  as 
hereinbefore  provided,  shall  be  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof  in  the  Mayor’s  court  of  the 
City  of  Fort  Wayne,  shall  be  fined  not  less  than  one  hun- 
dred dollars  ($100.00)  for  each  and  every  offense,  and 
every  day’s  violation  thereof  shall  constitute  a separate  of- 
fense. 

911  Sec.  4.  Any  person  who,  when  not  in  danger 
of  injury,  shall  get  upon  any  such  fender  attached  to  any 
such  car,  as  hereinbefore  provided,  whether  such  car  be 
standing  still  or  in  motion,  shall  be  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
ten  dollars  ($10.00)  nor  more  than  fifty  dollars  ($50.00.) 
[ Approved  February  9,  1897.] 

Ordinance  Record  i,  page  184. 


GFNERAL  ORDINANCE  NO.  153. 

AX  ORDINANCE  directing  and  requiring  the  use  of  the 
union  label  of  the  International  Typographical  Union  of 
North  America,  or  subordinate  body,  the  Allied  Printing 
Trades  Council  of  the  City  of  Fort  Wayne,  on  all 
printed  matter,  blank  books,  etc.,  to  be  used  by  the  City 
of  Fort  Wayne,  Indiana,  and  requiring  all  city  piiblC 
cations  to  be  made  in  papers  employing  printers  belongs 
ing  to  said  Typographical  Union  or  said  subordinate 
bod\,  the  Allied  Printing  Trades  Council. 


LEGAL  HOLIDAYS. 


483 


912  Sec.  1.  Be  if  ovdciuicd  by  the  C oiii  iiiou  Council  Public  printing 
of  the  City  of  Port  Wayne,  That  all  printing'  used  and 
ordered  by  the  City  of  Fort  Wayne  shall  l)ear  the  imprint 
of  the  recognized  union  label  of  the  Allied  Printing  Trades 
Council,  of  Fort  Wayne,  Indiana. 


913  Sec.  1.  That  all  advertising  of  said  City  of  Fort  city  advertis- 

Wayne  required  by  law  to  be  published  in  any  newspaper  ing  let  to 

in  the  Citv  of  PArt  Wavne,  Indiana,  shall  lie  published  in,  shops 

employing 

and  the  contract  for  jniblishing  the  same  shall  be  let  to  ^nion  labor. 

some  newsjiaper  employing  members  of  said  International 

Typographical  Union  and  Allied  Printing  Trades  Council, 

and  authorized  by  said  Allied  I^rinting  Trades  Council  to 

use  the  label  and  imprint  of  said  Allied  Printing  Trades 

Council. 


914  Sec.  3.  All  bids  may  be  rejected  if  deemed  too 
high  by  the  Board  of  Public  Works,  and  if  the  bidders  are  p°Hnt- 

deemed  irresponsible  by  said  Board,  and  all  printing  shall  ing,  how  let. 
be  let  to  the  lowest  and  best  bidder,  subject  to  the  rules 
and  regulations  hereinbefore  specified. 

914-A  Sec.  4.  'Fhis  ordinance  to  be  in  full  force 
and  effect  on  and  after  its'j^^ssage  and  approval  by  the 
Mayor.  [Approved  ]\ larch  13,  1900.] 

Ordinance  Record  i,  page  378. 


CFXFRAL  ORDIXAXX'F  XO.  139. 


AX  ORDINANCli  relating  to  legal  holidays. 


915  Sec.  1.  Be  it  enacted  by  the  Common  Conncil 
of  the  City  of  Fort  I Payne,  That  all  municipal  offices  shall 
remain  closed  and  no  public  business  shall  be  transacted  in 
and  on  all  days  that  are  designated  by  the  statute  of  the 
State  of  Indiana  as  legal  holidays. 

915-A  Sec.  2.  ddiis  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  jiassage  and  legal  publication. 
[Apjiroved  October  24,  1899.] 

Ordinance  Record  i , jiage  336. 


Holidays, 
municipal  of- 
fices to  be 
closed  on. 


484 


LAWvS  AND  OKDINANCKS. 


Seal  of  city  es- 
tablished, 
what  it  shall 
consist  of. 


Bonds,  certain 
officials  to 
give. 


Comptroller. 


Board  of 
Public 
Safety. 


Health. 


Engineer. 


Clerk  of  public 
safety. 


County 

Auditor. 


AN  ORDINANCE  providing  a seal  for  the  City  of  Fort 

JVayne,  Indiaiia. 

916  Si-c.  1.  1'he  seal  heretofore  ])rovided  and  used 
by  and  for  the  City  of  Fort  Wayne  (the  impression  on 
which  is  a representation  of  Mercury's  Wand,  entwined 
with  two  serpents  on  the  right,  a sword  on  the  left,  a pair 
of  scales  on  the  top,  with  the  word  “Ke-ki-on-ga,"  with  the 
inscription,  “City  of  Fort  Wayne,  Indiana,”  around  the 
outer  edge  of  said  seal;  which  seal  is  hereunto  annexed) 
shall  be  and  is  hereby  established  and  declared  to  have  been 
and  now  to  he  the  seal  of  the  City  of  Fort  Wavne. 
[Approved  ?\larch  ii,  1887.] 


GENERAL  ORDINANCE  NO.  i. 

AN  ORDINANCE  requiring  the  Comptroller,  the  Board 
of  Eiihlic  Safety,  the  Board  of  Public  Health  and 
Charities,  the  County  Auditor,  the  County  Treasurer, 
the  City  Civil  Engineer,  to  execute  bonds  to  the  City  of 
Fort  JEayjie  for  the  faithful  performance  of  their  duties 
and  fixing  the  amounts  thereof. 

917  Sec.  I.  Be  it  ordained  by  the  Common  Couneil 
of  the  City  of  Fort  JVayne,  That  the  Comptroller's  bond  be 
fixed  at  the  sum  of  one  hundred  and  fifty  thousand  dollars 
($150,000.00.)  [As  amended  Eebruary  22,  1898.] 

2.  That  the  bonds  of  the  members  of  the  Board  of 
Public  Safety  be  fixed  at  the  sum  of  five  thousand  dollars 
($5,000.00)  each. 

3.  That  the  bonds  of  the  members  of  the  Board  of 
Public  Health  and  Charities  be  fixed  at  the  sum  of  five  hun- 
dred dollars  ($500.00)  each. 

4.  d'hat  the  bonds  of  the  City  Civil  Engineer  be  fixed 
at  the  sum  of  two  thousand  dollars  ($2,000.00.) 

5.  That  the  bond  of  the  Clerk  of  the  Department  of 
Public  Works,  Public  Safety,  and  Public  Health  and  Chari- 
ties l)e  fixed  at  the  sum  of  two  thousand  five  hundred  dollars 
(v$2, 500.00.) 

6.  That  the  bond  of  the  County  Auditor  be  fixed  at  the 
sum  of  five  thousand  dollars  ($5,000.00.) 


• Ti  - 


! 


; ■' 


s 


* :< 
' i 


V 


BONDS  OF  certain  OFFICERS. 


485 


7.  That  the  bond  of  the  County  Treasurer  be  fixed  at 
the  sum  of  five  hundred  thousand  dollars  ($500,000.00.) 

8.  That  the  bonds  required  to  be  executed  by  this  ordi- 
nance  to  be  approved  by  the  Mayor  and  filed  with  the  head 
of  the  Department  of  Finance.  [Approved  May  8,  1894.] 

Ordinance  Record  i,  page  55. 


County 

Treasurer. 

Bonds  to  be 
approved  by 
Mayor. 


GENERAL  ORDINANCE  NO.  2. 

AjY  ordinance  requiring  certain  officers,  clerks,  as-  Bonds  of  cer- 

sistanfs  and  employes  to  execute  bonds  to  the  City  of  officers. 

Fort  Wayne  for  the  faithful  performance  of  their  duties 

and  fixing  the  amounts  thereof. 

918  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  bond  of  the  Deputy 
City  Civil  Engineer  be  fixed  at  the  sum  of  one  thousand 
dollars  ($1,000.00.) 

2.  That  the  bond  of  the  Superintendent  of  Street  Re- 
pairs be  fixed  at  the  sum  of  one  thousand  dollars  ($1,000.00) 

3.  That  the  bond  of  the  Foreman  of  Street  Repairs  be 
fixed  at  the  sum  of  five  hundred  dollars  ($500.00.) 

4.  That  the  bond  of  the  Janitor  for  the  city  hall  be 
fixed  at  the  sum  of  five  hundred  dollars  ($500.00.) 

5.  That  the  bond  of  the  Assistant  Janitor  for  the  city 
hall  be  fixed  at  the  sum  of  two  hundred  dollars  ($200.00.) 

6.  That  the  bond  of  the  Custodian  of  Parks  be  fixed 
at  the  sum  of  five  hundred  dollars  ($500.00.) 

7.  That  the  bond  of  the  Marketmaster  be  fixed  at  the 
sum  of  one  thousand  dollars  ($1,000.00.) 

8.  That  the  bond  of  the  City  Poundmaster  be  fixed  at 
the  sum  of  five  hundred  dollars  ($500.00.) 

9.  That  the  bond  of  the  City  Weighmaster  be  fixed  at 
the  sum  of  one  thousand  dollars  ($1,000.00.) 

TO.  That  the  bond  of  the  Superintendent  of  Police  be 
fixed  at  the  sum  of  two  thousand  dollars  ($2,000.00.) 

II.  That  the  bond  of  the  Captain  of  Police  be  fixed  at 
the  sum  of  one  thousand  five  hundred  dollars  ($1,500.00.) 


186 


LAWS  AND  ORDINANCES. 


Lieutenant  of 
Police. 

Sergeant  of 
Police. 

Patrolmen. 


Patrol  Driver. 
Station  Clerk. 


Electrician. 


Humane 

officer. 

Chief  of  Fire 
Force. 

Engineers. 


Captains,  Fire 
Department. 


Electrician, 
Fire  Depart- 
ment. 

Firemen. 

Sanitary 

Police. 

To  be  ap- 
proved by 
Mayor. 


12.  1 hat  the  bond  of  the  Lieutenant  of  Police  be  fixed 
at  the  Slim  of  one  thousand  five  hundred  dollars  ($1,500.00.) 

13.  That  the  bond  of  the  Sergeant  of  Police  be  fixed 
at  the  sum  of  one  thousand  five  hundred  dollars  ($1,500.00.) 

14.  That  the  bond  of  the  Patrolmen  be  fixed  at  the 
sum  of  one  thousand  dollars  ($1,000.00.) 

15.  That  the  bond  of  the  Patrol  Driver  be  fixed  at  the 
sum  of  one  thousand  dollars  ($1,000.00.) 

16.  That  the  bond  of  the  Station  Clerk  be  fixed  at 
the  sum  of  five  hundred  dollars  ($500.00.) 

17.  That  the  bond  of  the  Electrician  of  the  Police  De- 
partment be  fixed  at  the  sum  of  one  thousand  dollars 

($1,000.00.) 

18.  That  the  bond  of  the  Humane  Officer  be  fixed  at 
the  sum  of  two  thousand  dollars  ($2,000.00.) 

19.  That  the  bond  of  the  Chief  of  the  Fire  Force  be 
fixed  at  the  sum  of  five  thousand  dollars  ($5,000.00.) 

20.  That  the  bonds  of  the  Engineers  of  the  Fire  De- 
partment be  fixed  at  the  sum  of  five  hundred  dollars 

($500.00.) 

21.  That  the  bonds  of  the  Captains  of  the  Fire  De- 
partment be  fixed  at  the  sum  of  five  hundred  dollars 

($500.00.) 

22.  That  the  bond  of  the  Electrician  of  the  Fire  De- 
partment be  fixed  at  the  sum  of  one  thousand  dollars 
($1,000.00.) 

23.  That  the  bonds  of  the  firemen  of  all  classes  be 
fixed  at  the  sum  of  five  hundred  dollars  ($500.00.) 

24.  That  the  bonds  of  the  Special  Sanitary  Policemen 
be  fixed  at  the  sum  of  one  thousand  dollars  ($1,000.00.) 

25.  That  the  bonds  recpiired  to  be  executed  by  this 
ordinance  be  a])]3roved  by  the  Mayor  and  filed  with  the  De- 
])artment  of  Finance. 

918-A  Sec.  2.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  herebv  repealed. 

918-B  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  ])assage  and  approval  by  the 
Mayor  of  the  City  of  Fort  Wayne,  Indiana.  [Approved 
June  12,  1894.] 

Ordinance  Record  t,  ]')age  5^^- 


certain  streets  in  tenth  ward 


487 


GENERAL  ORDIXAXX'E  XO.  73. 

AX  ORDINANCE  changing  the  name  of  certain  streets  in 
the  Seventh  zvard. 

919  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne,  Indiana,  That  the  name  of  Ham- 
ilton street,  running  from  Calhoun  street  to  Lafayette 
street,  be  known  and  designated  as  Wallace  street. 

919-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  April  27,  1897.] 

Ordinance  Record  i,  page  193. 


A A'  ORDINANCE  to  change  the  name  of  Samuel  street  to 
the  name  of  Buchanan  street.  . 

920  Sec.  t.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne  (two-thirds  of  all  the  members 
concurring),  That  the  name  of  Samuel  street  be  changed  to 
the  name  of  Buchanan  street. 

920-A  Sec.  2.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Done  at  the  Council  Chamber  in  the  City  of  Eort 
Wayne,  this  13th  day  of  August,  1889. 

b.  L.  HARDING,  Mayor. 
Attest : W.  W.  ROCKHILL,  City  Clerk. 


GENERAL  ORDINANCE  NO.  74. 

AN  ORDINANCE  changing  the  names  of  certain  streets 
in  the  Tenth  zvard. 

921  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  IVayne,  Indiana,  That  the  names  of  the 
following  described  streets  in  the  Tenth  ward  be  hereafter 
known  by  the  following  names,  viz : 

Eirst — Thomasetta  street,  from  Gay  street  to  Thomas 
street,  and  Julia  street,  from  Thomas  street  to  Holton  ave- 
nue, be  known  and  designated  as  Hurd  street. 


Hamilton 
street 
changed  to 
Wallace 
street. 


Samuel  street 
changed  to 
Buchanan 
street. 


Thomas  street 
changed  to 
Hurd  street. 


488 


LAWS  AND  OKDINANCES. 


Jennison 

street 

changed  to 
Fisher  street. 


Bowser  street 
changed  to 
Second  street. 


Chicago  street 
changed  to 
Brooklyn 
avenue. 


Second — jennison  street,  running  from  Holton  avenue 
to  Winter  street,  be  known  and  designated  as  Fisher  street. 

921 -A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  April  27,  1897.] 

Ordinance  Record  i,  ])age  194. 


GENERAL  ORDINANCE  NO.  75. 

HA"  ORDINANCE  changing  the  names  of  eertain  streets 
in  the  AC  nth  zvard. 

922  Sec.  1.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  the  name  of  Bow- 
ser street,  running  from  Wells  street  west  to  Barthold’s 
addition,  1)e  known  and  designated  as  Second  street. 

922- A  Sec.  2.  This  ordinance  to  be  in  full  force  and 
eff'ect  from  and  after  its  passage  and  approval  by  the  Mayor. 
[Approved  April  27,  1897.] 

Ordinance  Record  i,  page  195. 

GENERAL  ORDINANCE  NO.  79. 

AN  ORDIN ANCE  changing  the  name  of  a eertain  street 
in  the  Third  zvard. 

923  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  the  name  of  Chi- 
cago street,  running  from  Calhoun  street  west  to  Fairfield 
avenue,  be  known  and  designated  as  Brooklyn  avenue. 

923- A  Sec.  2.  This  ordinance  to  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval  by  the  Mayor. 
[Approved  September  28,  1897.] 

Ordinance  Record  i,  page  200. 


GENERAL  ORDINANCE  NO,  42. 

AN  ORDINANCE  changing  the  name  of  Nirdlinger  avenue 
to  Szvinney  az'oine. 

924  Sec.  t.  Be  it  ordained  by  the  Common  Council 


certain  streets  in  eighth  ward.  489 

of  the  City  of  Fort  IVaync,  That  the  name  of  the  street  in 
Edsalhs  addition,  known  as  Nirdlinger  avenue,  be  changed 
and  hereafter  be  known  and  designated  by  the  name  of 
Swinney  avenue. 

924-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  eiYect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  December  lo,  1895.] 

Ordinance  Record  i,  page  125. 


GENERAL  ORDINANCE  NO.  44. 

AN  ORDINANCE  naming  the  alley  between  Berry  and 
IVayue  streets,  from  Calhoun  street  to  Harrison  street. 

925  Sec.  i.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  alley  between  Berry 
and  Wayne  streets,  from  Calhoun  street  to  Harrison  street, 
be  hereafter  known  bv  the  name  of  Arcade  court. 

925-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  December  23,  1895.] 

Ordinance  Record  1,  page  127. 


GENERAL  ORDINANCE  NO.  72. 

AN  ORDINANCE  changing  the  names  of  certain  streets  in 
the  Eighth  zvard. 

926  Sec.  i.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  the  names  of  the 
following  described  streets  and  avenues  shall  be  hereafter 
known  by  the  following  names,  viz: 

Eirst — Alliger  street,  running  from  Pioneer  avenue  to 
New  Haven  road,  to  be  known  and  designated  as  Grant 
avenue. 

Second — Winch  street,  running  from  Pioneer  avenue  to 
New  Haven  road,  to  be  known  as  Wabash  avenue. 

Third — Maumee  road,  from  Harmer  street  to  city 
limits,  to  be  known  as  Maumee  avenue. 

Fourth — Penn  street,  running  from  Alliger  street  to 


Nirdlinger 
changed  to 
Swinney 
avenue. 


Arcade  court. 


Alliger  street 
changed  to 
Grant  avenue 

Winch  street 
changed  to 
Wabash 
avenue. 

Maumee  road 
changed  to 
Maumee 
avenue. 


41 


490 


LAWS  AND  OKDIXA^'CKS. 


Penn  street 
changed  to 
Winch  street. 

Hugh  street 
changed  to 
Alliger  street. 

Eliza  street 
changed  to 
Penn  street. 


Reuss  ave- 
nue. 


Traffic  over  it 


Penalty. 


Lumbard  street,  to  l)e  known  and  designated  as  Winch 
street. 

Fifth — Hugh  street,  running  from  Walton  avenue  to 
Alliger  street,  to  be  known  and  designated  as  Alliger  street. 

Sixth. — Eliza  street,  running  from  Walton  avenne  to  Alli- 
ger street,  to  be  known  and  designated  as  Penn  street. 

926-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  April  27,  1897.] 

Ordinance  Record  i,  page  193. 


AN  ORDINANCE  naming,  dedicating  and  regulating  the 

use  of  Reuss  avenue. 

927  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  roadway  opened  and 
extended  by  the  city  leading  from  Spy  Rnn  avenne  west 
through  the  North  Side  park  to  Clinton  street,  be  and  is 
hereby  named  Reuss  avenue,  and  is  dedicated  to  the  public, 
to  be.  bv  it,  used  for  park  driving  alone  and  nothing  more. 

928  Sec.  2.  That  it  shall  be  unlawful  for  any  person 
or  persons  to  use  said  Reuss  avenue  for  a driveway  for  heavy 
traffic  or  for  any  other  purpose  other  than  pleasure  driving: 
Provided,  however.  That  this  ordinance  does  not  apply  to 
persons  hauling  material  to  and  from  the  park  for  park 
purposes. 

929  Sec.  3.  Any  person  violating  any  provision  of 
this  ordinance  shall,  on  conviction,  pay  a fine  of  not  more 
than  one  hundred  dollars  ($100.00.) 

Done  at  the  Council  Chamber  this  8th  day  of  August, 

[893- 

C.  A.  ZOLLINGER,  Mayor. 

Attest:  RUDY  C.  RLINLWALD,  City  Clerk. 


GENERAL  ORDINANCE  NO.  83. 

AN  ORDINANCE  changing  the  names  of  certain  streets 
and  aim  lies  in  the  City  of  Fort  JVayne,  Indiana. 

930  Sec.  t.  Be  it  o^'dained  by  the  Common  Council 


cp:ktain  streets  and  avenues.  491 

of  the  City  of  Fort  Wayne,  Indiana,  That  the  following  de- 
scribed streets  and  avenues  shall  hereafter  be  known  and 
called  by  the  following  names,  viz : 

First — Grace  street,  in  Fleming  and  Esmond’s  addition, 
running  from  Calhoun  street  east  to  Lafayette  street,  shall 
be  known  and  called  Esmond  street. 

Second — Grant  street,  running  from  Gay  street  east  to 
the  Pittsburg,  Eort  Wayne  & Chicago  railroad,  shall  be 
known  and  caller  Thayer  street. 

Third — Scholes  street,  running  from  St.  Mary’s  ave- 
nue east,  shall  be  known  and  called  Sinclair  street. 

Eourth — Shawnee  avenue  and  Eox  street,  in  South 
Wayne,  running  from  Home  avenue  north  to  Taylor  street, 
shall  be  known  and  called  Eox  avenue. 

Fifth — Pritchard  street,  running  from  Broadway  west 
to  Rockhill  street,  shall  be  known  and  called  Lavina  street. 

Sixth — Duryea  street,  running  from  Hoagland  avenue 
west  to  Fairfield  avenue,  shall  be  known  and  called  Poplar 
street. 

Seventh — Charles  street,  running  west  from  Hanna 
street  to  Lafayette  street,  and  Masterson  street,  running 
west  from  Lafayette  street  to  Calhoun  street,  shall  be  known 
and  called  Masterson  avenue. 

Eighth — Colerick  street,  running  from  Hoagland  avenue 
west  to  Fairfield  avenue,  be  known  and  called  Dawson 
street. 

Ninth — Allen  street  and  Park  place,  running  from 
Lafayette  street  west  to  Hoagland  avenue,  to  be  known  and 
called  Woodland  avenue. 

Tenth — Crescent  avenue,  in  Bond’s  addition,  running 
from  Fairfield  avenue  west  to  South  Wayne  avenue,  be 
known  and  called  Meyer  avenue. 

Eleventh — Metz  street,  running  from  Taylor  street 
south  to  the  Wabash  railroad,  be  known  and  called  Nelson 
street. 

Twelfth — Trentman  avenue,  running  from  Beaver  ave- 
nue west  to  Broadway,  be  known  and  called  Kinnaird 


Grace  street 
changed  to 
Esmond 
street. 

Grand  street 
changed  to 
Thayer  street 

Scholes  street 
changed  to 
Sinclair. 

Shawnee  ave- 
nue and  Fox 
street 
changed  to 
Fox  avenue. 
Pritchard  ave- 
nue changed 
to  Lavina 
street. 

Duryea  street 
changed  to 
Poplar  street. 
Charles  street 
changed  to 
Masterson 
avenue. 

Colerick  street 
changed  to 
Dawso.n 
street. 

Allen  street 
changed  to 
Woodland 
avenue. 
Crescent  ave- 
nue changed 
to  Meyer 
avenue. 

Metz  street 
changed  to 
Nelson  street 
Trentman  ave- 
nue changed 
to  Kinnaird 


avenue. 


avenue. 


492 


LAWS  AND  ORDINANCES. 


Griffith  street 
changed  to 
Fairfield 
avenue. 
Oneida  street 
changed  to 
Swayne 
street. 

Locust  street 
changed  to 
Bauer  ave- 
nue. 

Lake  street 
changed  to 
Marie  street. 

Ida  avenue 
changed  to 
Michigan 
avenue. 

Edsall  street 
changed  to 
Union  street. 
Washington 
street 

changed  to 
Washington 
boulevard. 
North  street 
changed  to 
Fairmount 
place. 

Anna  street 
changed  to 
Ferguson 
street. 

Park  street 
changed  to 
Anna  street. 
Park  avenue 
changed  to 
Georgia 
avenue. 

Ninth  street 
changed  to 
McKee  street 
Tenth  street 
changed  to 
Colerick 
street. 


Thirteenth — Griffith  street,  running  from  Bracken- 
ridge  street  north  to  Superior  street,  be  known  and  called 
Fairfield  avenue. 

Fourteenth — Oneida  street,  in  Zollars  and  Swayne’s 
addition,  running  from  Shawnee  avenue  east  to  South 
Wayne  avenue,  be  known  and  called  Swayne  street. 

Fifteenth — Locust  street,  running  from  Calhoun  street 
west  to  Ffarrison  street,  be  known  and  called  Bauer  avenue. 

Sixteenth — Lake  street,  in  Archer’s  addition,  running 
from  St.  Mary’s  avenue  west  to  city  limits,  be  known  and 
called  Marie  street. 

Seventeenth — Ida  avenue,  in  Electric  Light  addition, 
running  from  Metz  street  west  to  city  limits,  be  known  and 
called  Michigan  avenue. 

Eighteenth — Edsall  street,  running  from  Main  street 
south  to  Berry  street,  be  known  and  called  Union  street. 

Nineteenth — Washington  street,  running  from  Calhoun 
street  west  to  Swinney  park,  be  known  and  called  Wash- 
ington boulevard. 

Twentieth — North  street,  running  from  Wells  street 
west,  be  known  and  called  Eairmount  place. 

Twenty-first — Anna  street,  running  from  Shawnee  ave- 
nue west  to  Miner  street,  be  known  and  called  Eerguson 
street. 

Twenty-second — Park  street,  in  Zollars  and  Swayne’s 
addition,  running  from  Shawnee  avenue  west  to  Indiana 
avenue,  be  known  and  called  Anna  street. 

Twenty-third — Park  avenue,  in  Lumbard’s  Park  addi- 
tion, running  from  Cleveland  street  north  to  city  limits,  be 
known  and  called  Georgia  avenue. 

Twenty-fourth — Ninth  street,  in  Industrial  Park  addi- 
tion, running  from  Hanna  street  east  to  city  limits,  be 
known  and  called  McKee  street. 

Twenty-fifth — Tenth  street,  in  Industrial  Park  addition, 
running  from  Hanna  street  east  to  city  limits,  be  known  and 
called  Colerick  street. 

930-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  efifect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  January  25,  1898.] 

Ordinance  Record  i,  page  205. 


DEFINING  CITY  LIMITS. 


493 


GENERAL  ORDINANCE  NO.  105. 

AN  ORDINANCE  defining  the  limits  of  the  City  of  Fort 

Wayne,  Indiana. 

Whereas,  Since  the  general  ordinance  defining  the  city 
limits  passed  November  24,  1885,  has  had  several  additions 
made  to  the  same,  and  it  becomes  necessary  to  have  under 
one  ordinance  the  entire  boundaries  of  our  limits,  therefore, 

931  Sec.  I.  Be  it  ordained  by  the  Common  Council  limits  de- 
of  the  City  of  Fort  Wayne,  Indiana,  That  the  limits  of  said  fined, 
city  are  as  follows ; 

Commencing  at  the  intersection  of  the  center  line  of 
Glasgow  avenue  with  the  INIaumee  river ; thence  south  fol- 
lowing the  center  line  of  Glasgow  avenue  to  its  intersection 
with  the  center  line  of  INIaumee  avenue ; thence  west  on  the 
center  line  of  Maumee  avenue  to  the  alley  between  Wabash 
avenue  and  Dubois  street ; thence  south  following  the  line 
of  said  alley  to  the  center  line. of  Wayne  trace  ; thence  north- 
west following  the  center  line  of  Wayne  trace  to  the  center 
line  of  Walton  avenue ; thence  south  on  the  center  line  of 
Walton  avenue  to  the  center  line  of  Pontiac  street ; thence 
west  on  the  center  line  of  Pontiac  street  to  the  intersection 
of  the  east  line  of  Industrial  Park  addition ; thence  south 
on  the  east  line  of  Industrial  Park  addition  to  the  south  line 
of  said  addition ; thence  west  on  the  south  line  of  said  In- 
dustrial Park  addition  to  the  center  line  of  Hanna  street ; 
thence  south  on  the  center  line  of  Hanna  street  to  its  inter- 
section at  a point  where  the  center  line  of  Richardville  ave- 
nue produced  east  would  intersect  the  same ; thence  west  on 
the  center  line  of  Richardville  avenue  produced  east  to  the 
center  line  of  Richardville  avenue ; thence  west  on  the  center 
line  of  Richardville  avenue  and  the  same  produced  west  to 
the  St.  Mary’s  river ; thence  northeasterly  following  the 
meanderings  of  the  St.  Alary’s  river  to  its  intersection  with 
the  south  line  of  \"esey’s  sub-division  of  Ewing’s  out-lot 
No.  15;  thence  east  on  the  south  line  of  said  Vesey’s  sub- 
division to  the  center  line  of  Lavina  avenue : thence  north 
on  the  center  line  of  Lavina  avenue  to  the  north  line  of  the 
right-of-way  of  the  Pittsburg,  Port  Wayne  & Chicago  rail- 
road ; thence  east  on  the  north  line  of  said  right-of-way  to 


494 


LAWS  AND  OKDINANCES. 


the  east  line  of  Swinney  park;  thence  north  on  the  east 
line  of  Swinney  park  to  the  southeast  corner  of  Swinney’s 
homestead ; thence  west  to  the  southwest  corner  of  said 
homestead ; thence  north  to  the  northwest  corner  of  said 
homestead ; thence  east  to  the  northeast  corner  of  said  home- 
stead ; thence  north  to  the  north  bank  of  the  St.  Mary’s 
river ; thence  westerly  following  the  meanderings  of  the  St. 
Mary’s  river  to  the  southwest  corner  of  lot  No.  107,  in  Rock- 
hill’s  Second  addition ; thence  southward  to  the  east  bank  of 
St.  Mary’s  river  to  a point  500  feet  south  of  Main  street; 
thence  west  to  the  west  line  of  the  right-of-way  of  the  Lake 
Shore  & Michigan  Southern  railroad  intersecting  with  Mill 
creek;  thence  westward  on  the  north  bank  of  said  creek  to 
its  intersection  with  the  west  line  of  the  right-of-way  of 
the  Grand  Rapids  & Indiana  railroad ; thence  north  on  said 
west  line  to  the  north  line  of  the  old  canal  property ; thence 
northeast  on  the  north  line  of  the  said  canal  propertv  to  a 
point  opposite  the  southwest  corner  of  lot  “C,”  Bash’s  addi- 
tion ; thence  north  to  center  line  of  Spring  street ; thence 
west  to  a point  opposite  the  center  of  Jesse  avenue ; thence 
north  on  the  center  line  of  Jesse  avenue  to  the  center  line 
of  Archer  avenue;  thence  east  along  the  center  line  of  said 
Archer  avenue  to  the  center  line  of  Wells  street  ; thence 
north  on  the  center  line  of  Wells  street  to  a point  opposite 
the  north  line  of  the  Catholic  Orphan  Asylum  grounds ; 
thence  east  on  the  north  line  of  the  Catholic  Orphan  Asylum 
grounds  to  the  east  line  of  the  right-of-way  of  the  Lake 
Shore  & Michigan  Southern  railroad ; thence  south  on  said 
east  line  to  its  intersection  with  the  center  line  of  Mill  road ; 
thence  easterly  on  the  center  line  of  Mill  road  to  the  west 
bank  of  Spy  run ; thence  following  the  meanderings  of  Spy 
run  to  the  southeast  corner  of  North  Side  park ; thence 
west  along  the  south  line  of  North  Side  park  to  the  alley 
east  of  Clinton  street ; thence  south  to  the  south  bank  of 
St.  Mary’s  river ; thence  southeasterly  following  the 
meanderings  of  the  St.  Mary’s  and  Maumee  rivers  to  Colum- 
bia street : thence  east  to  the  east  bank  of  the  Maumee  river ; 
thence  northerly  following  the  meanderings  of  the  Alaumee 
and  St.  Joseph  rivers  to  the  north  line  of  Lakeside  Park  addi- 


PUBLICATION  OF  ORDINANCES. 


495 


tion ; thence  east  on  said  north  line  to  the  east  line  of  said 
addition ; thence  south  on  the  east  line  of  said  addition  to 
the  Manmee  river ; thence  south  to  the  south  bank  of  the 
Maumee  river ; thence  easterly  following  the  meanderings 
of  the  Maumee  river  to  its  intersection  with  the  center  line 
of  Glasgow  avenue. 

931 -A  Sec.  2.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage  and  approval  by  the  Mayor. 
[Approved  April  ii,  1899.] 

Ordinance  Record  i,  page  253. 


AiV  ORDINANCE  regulating  the  publication  and  interpre- 
tation of  ordinances. 

(Approved  March  11,  1887.) 

932  Sec.  i.  All  ordinances  passed  by  the  Common 
Council  shall  be  recorded  by  the  Clerk  in  a book  of  ordi- 
nances. The  original  shall  be  filed  in  the  Clerk’s  office,  and 
due  proof  of  publication  of  all  ordinances,  requiring  pub- 
lication, by  the  affidavit  of  'the  printer  or  publisher,  shall  be 
procured  by  the  Clerk  and  attached  thereto,  or  written  and 
attested  thereto,  or  written  and  attested  upon  the  face  of 
such  ordinances. 

933  Sec.  2.  All  ordinances  passed  by  the  Common 
Council,  requiring  publication,  shall  take  effect  from  and 
after  the  due  publication  thereof  in  the  corporation  paper, 
unless  therein  otherwise  expressly  provided.  Ordinances 
not  requiring  publication  shall  take  effect  from  their  passage, 
unless  otherwise  expresslv  provided. 

934  Sec.  3.  Whenever  any  ordinance  or  part  of  an 
ordinance  shall  be  repealed  or  modified  by  a subsequent  ordi- 
nance, a part  of  an  ordinance  thus  repealed  or  modified  shall 
continue  in  force  until  the  due  publication  of  the  ordinance 
repealing  or  modifying  the  same,  when  such  publication  shall 
be  required  to  give  effect  thereto,  unless  therein  otherwise 
expressly  provided ; but  no  suit,  proceeding,  right,  fine,  for- 
feiture or  penalty  instituted,  created,  given,  secured  or  ac- 
crued, under  any  ordinance  previous  to  its  repeal,  shall  in 
anywise  be  affected,  released  or  discharged ; but  may  be 


Record  and 
proof  of  pub- 
lication. 


Take  effect. 


Repeal. 


496 


LAWS  AND  OK’DINANCKS. 


Prosecutor 
to  elect. 


How 

construed. 


Gender  and 
number. 


Time  of 
notice. 


Pe.nalty. 


prosecuted,  enjoyed  and  recovered,  as  fully  as  if  such  ordi- 
nance had  continued  in  force,  unless  it  shall  be  therein  other- 
wise expressly  provided. 

935  Sec.  4.  In  all  cases  where  the  same  offense  may 
!)c  made  punishable,  or  may  be  created  by  different  clauses 
or  sections  of  the  ordinances  of  the  city,  the  prosecuting 
officer  may  elect  under  which  to  proceed ; but  not  more  than 
one  recovery  shall  he  had  against  the  same  person  for  the 
same  offense. 

836  Sec.  5.  When  any  ordinance  repealing  a former 
ordinance  clause  or  provision  shall  be  itself  repealed,  such 
repeal  shall  not  be  construed  to  revive  such  former  ordi- 
nance, clause  or  provision,  unless  it  shall  be  therein  so  ex- 
pressly provided. 

937  Sec.  6.  When  any  words  in  any  ordinance,  im- 

porting the  plural  numbers,  shall  be  used  in  describing  or 
referring  to  any  matters,  parties  or  persons,  any  single  mat- 
ter, party  or  person  shall  be  deemed  to  be  included,  although 
distributive  words  may  not  be  used : and  when  any  sub- 
ject, matter,  party  or  person  shall  be  referred  to  in  any  ordi- 
nance by  words  importing  the  singular  number  only,  or 
masculine  gender,  several  matters,  parties  or  persons,  and 
females  as  well  as  males,  and  bodies  corporate,  shall  be 
deemed  to  be  included  : Provided,  That  these  rules  of  con- 

struction shall  not  be  applied  to  any  ordinance  which  shall 
contain  any  express  provision  excluding  such  construction, 
or  where  the  subject  matter,  or  context  of  such  ordinance, 
mav  be  repugnant  thereto. 

938  Sec.  7.  In  all  cases  where  any  ordinances  shall 
require  any  act  to  be  done  in  a “reasonable  time,”  or  “reason- 
able notice,”  to  be  given  to  any  person,  such  reasonable  time 
or  notice  shall  be  deemed  to  mean  such  time  only  as  may  be 
necessary  in  the  prompt  execution  of  such  duty,  or  compli- 
ance with  such  notice. 

939  Sec.  8.  Whenever,  in  any  ordinance,  the  doing 
of  any  act,  or  the  omission  to  do  any  act  or  duty,  is  declared 
to  he  a breach  thereof,  and  there  shall  be  no  ‘fine  or  penalty 
declared  for  such,  any  person  who  shall  be  convicted  of  any 
breach  shall  he  adjudged  to  pay  a fine  of  not  less  than  one 
dollar  ($1.00)  nor  more  than  one  hundred  dollars  ($100.00.) 


CITY  BONDS. 


497 


AN  ORDINANCE  to  provide  for  the  issuing  of  city  bonds, 
for  the  purpose  of  paying  a portion  of  the  indebtedness 
of  the  City  of  Fort  Wayne. 

Whereas,  On  the  15th  day  of  October,  1868,  the  City 
of  Fort  Wayne  issued  lier  lionds,  bearing  interest  at  the  rate 
of  six  (6)  ])er  cent.,  payable  semi-anniially,  to  the  amount 
of  ninety-nine  tlioiisand  dollars  ($99,000.00),  payable  twenty 
years  from  the  date,  which  bonds  become  due  on  the  15th 
day  of  October,  1888,  and 

Whereas,  On  the  10th  day  of  November,  1868,  the  City 
of  lOrt  Wayne  issued  her  bonds,  bearing  interest  at  the  rate 
of  six  (6)  ])er  cent.  ]>er  annum,  payable  semi-annually,  to 
the  amount  of  one  hundred  thousand  dollars  ($100,000.00), 
payable  twenty  years  from  date,  which  bonds  become  due  on 
the  10th  day  of  November,  1888,  and 

Whereas,  On  the  26th  day  of  January,  1869,  the  City 
of  ld)rt  Wayne  issued  her  bonds,  bearing  interest  at  the  rate 
of  six  (6)  per  cent.  ])er  annum,  payable  semi-annually,  to 
the  amount  of  one  hundred  thousand  dollars  ($100,000.00), 
which  bonds  become  due  on  the  loth  of  January,  1889,  and 
Whereas,  There  is  not  now  funds  sufficient  in  the  hands 
of  the  Treasurer  of  said  city,  not  otherwise  appropriated  to 
pay  said  bonds,  and 

Whereas,  ddie  annual  rejiorts  of  the  Clerk* and  Treasurer 
of  said  city,  for  the  year  ending*  December  31,  1887,  re- 
cite and  show  the  date  of  the  issuing  of  said  bonds,  the 
rate  of  interest  thereon,  and  when  the  principal  and  interest 
on  the  same  would  become  due  and  ])ayable ; therefore, 
940  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  (two-thirds  of  all  the  members 
thereof  concurring)  That  in  pursuance  of  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Indiana,  entitled  “An  act  to 
authorize  cities  to  issue  bonds  for  the  purpose  of  funding 
their  indebtedness,  reducing  the  rate  of  interest,  on  pre- 
existing obligations,  compromising  with  any  creditors,  or 
taking  up  and  cancelling  bonds,  notes  or  other  obligations 
already  due,  or  which  shall  hereafter  become  due,  and  mak- 
ing it  the  duty  of  the  Common  Council  of  such  cities  and 
Boards  of  Trustees  of  such  towns  to  levy  taxes  for  the  pay- 


City 


498 


LAWS  AND  ORDINANCES. 


Amount  of 
issue. 


Time  to  run. 
Rate 

of  interest. 
When  payable. 


ment  of  the  interest,  and  to  provide  sinking  funds  for  the 
liquidation  of  the  principal  of  such  bonds,  and  repealing  all 
laws  in  conflict  and  declaring  an  emergency.”  [Approved 
February  15,  1887.]  That  bonds  of  the  City  of  Fort  Wayne 
be  issued  to  the  amount  of  two  hundred  and  ninety-nine 
thousand  dollars  ($299,000.00)  in  sums  of  one  thousand 
dollars  ($1,000.00)  each,  payable  to  the  bearer  at  the  office 
of  the  Third  National  Bank  of  New  York,  in  the  City  of 
New  York,  at  twenty-five  years  from  the  date  thereof,  with 
interest  thereon  at  the  rate  of  four  and  one-half  (4  1-2)  per 
cent,  per  annum,  payable'  semi-annually  at  the  office  of  the 
Third  National  Bank,  in  the  City  of  New  York,  to  be  signed 
bv  the  Mavor  and  attested  bv  the  Clerk  of  said  city. 

941  Sec.  2.  That  said  bonds  be  issued  in  the  follow- 
ing form,  to-wit : 


To  fund  out- 
standing in- 
debtedness. 


State  of  Indiana.  Allen  County. 

City  of  Fort  Wayne  $1,000.00 

Funding  Bond.  25  Years. 

Twenty-five  years  after  date,  the  City  of  Fort  Wayne, 
in  Allen  County,  and  State  of  Indiana,  promises  to  pay  the 
bearer  at  the  Third  National  Bank,  in  the  City  of  New 
York,  and  State  of  New  York,  one  thousand  dollars,  with 
interest  thereon  at  the  rate  of  4 1-2  per  cent,  per  annum., 
payable  semi-annually  at  said  Third  National  Bank,  in  the 
City  of  New  York,  and  in  the  State  of  New  York,  upon  pre- 
sentation of  the  proper  coupon  hereto  attached,  without  any 
relief  from  valuation  or  appraisement  laws  of  the  State  of 
Indiana.  This  bond  is  one  of  a series  of  two  hundred  and 
ninety-nine  of  like  amount,  bearing  date,  October  10,  1888, 
authorized  and  issued  in  accordance  with  an  ordinance  duly 
passed  by  the  Common  Council  of  said  City  of  Fort  Wayne, 
by  more  than  a two-thirds  vote  thereof,  at  a regular  meeting 
thereof,  held  on  the  nth  day  of  September,  1888.  for  the 
purpose  of  funding  certain  indebtedness  of  such  city  in  ac- 
cordance with  an  act  of  the  General  Assembly  of  the  State  of 
Indiana,  entitled  ‘^An  act  to  authorize  cities  and  towns  to 
issue  bonds  for  the  purpose  of  funding  their  indebtedness, 
reducing  the  rate  of  interest  on  pre-existing  obligations. 


plat  of  ground  given  by  h.  m.  williaims.  499 


compromising  with  any  creditors  or  taking  up  and  cancelling 
bonds,  notes  or  other  obligations  already  due,,  or  which  shall 
hereafter  become  due,  and  making  it  the  duty  of  the  Com- 
mon Council  of  such  cities  and  Boards  of  Trustees  of  such 
towns,  to  levy  taxes  for  the  payment  of  the  interest,  and  to 
provide  sinking  funds  for  the  liquidation  of  the  principal  of 
such  bonds,  and  repealing  all  laws  in  conflict  and  declaring 
an  emergency.”  [Approved  February  15,  1887.] 

In  witness  whereof,  the  Common  Council  of  the  City  of 
Fort  Wayne  has  caused  this  bond  and  the  coupon  thereof  to 
be  signed  by  the  Mayor  and  attested  by  the  Clerk  of  said 
city  and  the  corporate  seal  thereof  affixed,  this  loth  day  of 
October,  1888. 

Done  at  the  Council  Chamber  of  the  City  of  Fort 
Wavne  this  nth  dav  of  September,  i888. 

CHARLES  F.  MUHLER,  Mayor. 

Attest:  W.  W.  ROCKHILL,  City  Clerk. 


GENERAL  ORDINANCE  NO.  99. 

AN  ORDINANCE  accepting  the  gift  of  a plat  of  ground  to 
the  city  by  Henry  M.  JV  if  Hams,  Esq.,  for  park  purposes. 

Whereas,  Henry  M.  Williams,  Esq.,  of  the  City  of  Fort 
Wayne,  did,  on  the  13th  day  of  December,  1898,  present  to 
the  City  of  Fort  Wayne,  a plat  of  ground  for  park  purposes, 
situated  at  the  junction  of  South  Calhoun  street  and  Piqua 
avenue ; therefore, 

942  Sec.  I.  Be  it  enaeted  by  the  Common  Couneil 
of  the  City  of  Eort  Wayne,  That  the  gift  of  the  plat  of 
ground  by  Henry  M.  Williams  for  park  purposes,  at  the 
junction  of  South  Calhoun  street  and  Piqua  avenue,  be  and 
is  hereby  accepted  by  the  city  with  the  conditions  thereto, 
and  that  the  Comptroller  is  hereby  authorized  to  accept  the 
deed  thereof  and  have  the  same  spread  on  record  in  the  office 
of  the  Countv  Recorder  of  Allen  countv. 

942-A  Sec.  2.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage  and  approval  by  the  Mayor. 
[Approved  December  27,  1898.] 

Ordinance  Record  i,  page  234. 


Date  of  issue. 


City  park. 


Presented  by 

H.  M. 
Williams, 


500 


LAWS  AND  ORDINANCES. 


Duty  of  rail- 
road com- 
panies to  pave 
crossings. 


How  paved. 


Notice  served 
on  railroads 
to  pave. 


Penalty  for 
not  paving. 


GENERAL  ORDINANCE  NO.  i6i. 

AN  ORDINANCE  relating  to  the  grading,  planking  and 
paving  of  streets  and  sidezvalks  at  points  where  they  are 
interseeted  and  crossed  by  railway  tracks,  and  prohibit- 
ing laying  down  and  maintaining  of  railroad  tracks 
along  or  crossing  any  street  or  alley  without  first  ob- 
taining the  consent  of  the  Board  of  Public  Works. 

943  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  the  duty  of  each 
and  all  railroad  companies  where  their  tracks  intersect  or 
cross,  or  may  hereafter  intersect  or  cross  the  streets,  side- 
walks or  alleys  of  said  city,  to  grade,  plank  or  pave  the 
streets  and  sidewalks  or  alleys  at  such  crossings  or  inter- 
sections in  the  manner  hereinafter  designated. 

944  Sec.  2.  That  at  points  where  such  track  or 
tracks  intersect  or  cross  said  streets,  it  shall  be  the  duty  of 
the  railroad  company  owning  or  maintaining  the  same  to 
make  the  grade  thereof  confirm  to  the  established  grade  of 
such  street  or  streets,  and  to  pave  the  same  with  brick  or  lay 
down  securely  strong,  substantial  planks  between  and  on 
either  side  for  four  feet  of  such  track  or  tracks,  and  in  such 
manner  that  said  planks  or  brick  may  extend  the  entire 
width  of  such  street  or  streets ; to  be  done  and  maintained 
in  good  repair  in  every  case  to  the  satisfaction  of  the  Board 
of  Public  Works. 

945  Sec.  3.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Police  to  serve  notice  upon  any  railroad  company 
that  is  in  default  in  complying  with  the  provisions  of  this 
ordinance ; which  notice  shall  be  served  as  it  is  provided  by 
law,  as  summons  in  civil  action  shall  be  served  upon  rail- 
road companies. 

946  Sec.  4.  If  any  railroad  company  shall  fail, 
neglect  or  refuse  to  comply  with  the  requirements  of  the 
second  section  of  this  ordinance  within  twenty  days  after 
the  date  of  receiving  the  notice  designated  in  the  preceding 
section,  they  shall  be  deemed  to  be  guilty  of  a violation  of 
the  provisions  hereof ; and  for  each  day  after  the  expiration 
of  twenty  days  that  they  fail,  neglect  or  refuse  to  pave  or 


TAXING  OF  DOGS. 


501 


plank  said  crossings  as  provided  in  the  second  section  here- 
of, they  shall  be  liable  to  a penalty  of  five  dollars  ($5.00) 
per  day ; such  penalty  shall  be  collected  by  action  instituted 
by  the  City  Attorney  and  tried  before  the  Mayor  of  said 
city  in  the  corporate  name  of  said  City  of  Fort  Wayne. 

947  Sec.  5.  That  it  shall  be  unlawful  for  any  rail- 
road company  to  lay  down  any  railroad  track  along  or  across 
any  street  or  alley  within  the  city  limits,  without  first  ob- 
taining the  consent  of  the  Board  of  Public  Works  and 
approved  by  the  Council  to  lay  such  track. 

948  Sec.  6.  Any  company  or  persons  violating  the 
provisions  of  Section  5 of  this  ordinance  shall  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars  ($100.00)  nor 
less  than  ten  dollars  ($10.00)  for  such  ofifense;  each  day 
shall  be  a separate  ofifense  for  the  violation  of  the  said  fifth 
section  of  this  ordinance. 

949  Sec.  7.  The  Superintendent  of  Police  and  all 
other  officers  in  the  city’s  service  shall  arrest  without  process 
and  bring  before  the  Mayor  all  persons  who,  in  their  pres- 
ence and  knowledge,  have  violated  any  of  the  provisions  of 
Section  5 of  this  ordinance. 

949-A  Sec.  8.  This  ordinance  to  be  in  full  force  and 
ef¥ect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  August  14,  1900.] 

Ordinance  Record  i,  page  418. 


GENERAL  ORDINANCE  NO.  162. 

AN  ORDINANCE  relative  to  the  taxing  of  dogs,  and  re- 
pealing General  Ordinance  No.  55,  relating  to  same  sub- 
ject matter. 

950  Sec.  I.  Be  it  enacted  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  every  person  residing 
within  the  corporate  limits  of  the  City  of  Eort  Wayne,  own- 
ing, harboring,  possessing  or  caring  for  any  dog,  on  the  first 
day  of  April  of  each  year  hereafter,  shall  pay  to  the  City  of 
Fort  Wayne  the  following  taxes  on  each  dog  so  owned,  in 
the  manner  as  hereinafter  provided : For  each  male  or  fe- 


Un lawful  to 
lay  down 
railroad  track 
without  per- 
mission. 

Penalty. 


How  arrest 
shall  be 
made. 


Tax  imposed. 


42. 


502 


LAWS  AND  OKDINANCES. 


Assessor  to 
assess  and 
collect. 


Assessor  to 
give  receipt, 


Contents  of 
receipt. 


Assessor  to 
keep  a record 


Settle  with 
Comptroller. 


male  dog,  one  dollar  ($i.oo.)  For  every  additional  male  or 
female  dog,  one  dollar  and  a half  ($1.50.)  And  the  sum 
of  two  dollars  ($2.00)  for  each  female  dog  (unspayed)  so 
owned,  harbored  or  cared  for. 

951  Sec.  2.  It  shall  be  the  duty  of  the  Township 
Assessor  of  the  townships  included  within  the  limits  of  the 
City  of  Fort  Wayne  at  the  time  of  assessing  the  property 
of  each  property  holder  of  his  township  residing  within  the 
corporate  limits  of  the  city,  to  make  diligent  inquiry  as 
to  the  number  of  dogs  owned,  harbored,  kept  or  cared  for 
by  the  person  so  assessed.  Any  such  person  so  assessed 
shall  pay  to  the  said  Township  Assessor  for  the  City  of 
Fort  Wayne  the  sum  of  one  dollar  ($1.00)  for  each  male  or 
female  dog,  and  the  sum  of  one  dollar  and  a half  ($1.50) 
for  each  additional  male  or  female  dog.  And  the  sum  of 
two  dollars  ($2.00)  for  each  female  dog  (unspayed)  so 
owned,  harbored  or  cared  for. 

952  Sec.  3.  The  Township  Assessor  shall  give  to 
each  person  a receipt  for  such  money  paid  him,  which  shall 
be  designated  as  city  dog  tax,  which  receipt  shall  show  the 
person’s  name  who  owns,  harbors  or  keeps  a dog,  the 
amount  paid  and  the  number,  description  and  kind  of  dog 
paid  for,  and  whether  male  or  female,  and  the  number  of 
each,  which  receipt  shall  relieve  the  person  or  persons  own- 
ing, keeping  or  harboring  such  dogs  for  the  current  year, 
extended  one  year  from  its  date  until  the  next  regular  town- 
ship assessment.  Such  Township  Assessor  shall  keep  a 
record  of  the  person  or  persons  owning  dogs  and  the  record 
of  the  dogs  paid  for,  and  he  shall  keep  a stub  record  for  a 
copy  of  the  receipts  given  by  him  for  money  paid  him  for 
dog  taxes.  Such  stub  record  shall  show  the  amount  paid 
him,  the  number  of  dogs,  both  male  and  female,  paid  for, 
and  the  persons’  names  owning  the  dogs  so  paid  for.  And 
he  shall  within  five  days  after  the  completion  of  the  assess- 
ment of  his  township  turn  over  to  the  Comptroller  of  the 
city  all  the  records  kept  by  him  relating  to  the  collecting 
and  payment  of  dog  taxes,  and  a copy  of  all  receipts  given 
by  him  to  persons  having  paid  him  money  as  city  dog  tax, 
and  all  monev  received  by  him  as  city  dog  tax.  The  said 


TAXING  OF  DOGS. 


503 


Township  Assessors,  as  payment  for  services  to  city  ren- 
dered, shall  receive  ten  (lo)  per  cent,  of  the  taxes  collected, 
and  to  be  paid  by  the  Comptroller  at  the  time  and  out  of 
the  money  turned  over  to  the  said  Comptroller  by  said 
Assessor. 

953  Sec.  4.  It  shall  be  unlawful  for  any  owner,  pos- 
sessor or  person  having  in  charge  or  care  a fierce  or  dan- 
gerous dog,  to  permit  or  allow  the  same  to  go  at  large  in 
said  city,  to  the  danger  or  annoyance  of  any  of  its  inhab- 
itants. Any  person  who  shall  violate  the  provisions  of  this 
section  of  this  ordinance,  and  having  been  once  convicted, 
shall  continue  to  allow  such  dog  to  run  at  large  upon  the 
complaint  made  by  any  resident  of  said  city,  such  dog  shall 
be  slain  bv  the  police  authorities  of  said  citv. 

954  Sec.  5.  It  shall  be  unlawful  for  the  owner,  pos- 
sessor or  harborer  of  any  female  dog  knowingly  to  permit 
her  to  run  at  large  while  in  heat,  and  it  shall  be  the  duty 
of  the  police  of  said  city  to  slay,  or  cause  to  be  slain,  any 
female  dog  running  at  large  in  the  public  streets  at  such 
time. 

955  Sec.  6.  It  shall  be  unlawful  for  any  person  to 
own,  keep  or  harbor  any  dog  which,  by  loud  and  frequent 
barking,  howling  or  yelping,  shall  cause  disturbance  to  any 
citizen  of  said  city. 

956  Sec.  7.  Whenever  any  danger  shall  be  justly 
feared  as  likely  to  result  from  hydrophobia,  the  Mayor 
shall  publish  his  proclamation  requiring  all  persons  owning 
or  having  in  charge  or  keeping  any  dog  or  dogs,  to  confine 
them  on  their  premises  for  a prescribed  time,  and  any  per- 
son who  shall  omit  to  secure  any  dog  owned  or  harbored  or 
kept  in  charge  by  him,  or  shall  aljow  such  dog  to  escape  or 
go  from  the  premises,  shall  be  liable,  on  conviction,  to  the 
punishment  provided  for  in  Section  13  of  this  ordinance. 
During  the  time  prescribed  by  the  Mayor’s  proclamation, 
any  dog  found  running  at  large  upon  the  public  streets  of 
said  city  shall  be  forthwith  slain. 

957  Sec.  8.  If  any  person  shall  harbor  or  keep,  or 
have  in  his  possession,  any  dog,  male  or  female,  that  shall 
bite  or  fiercely  attack  any  person  whatever,  such  animal,  at 


Compensation. 


Vicious  dogs 
not  to  run  at 
large. 


Female  dog, 
unlawful  to 
run  at  large, 
when. 


Barking  dog. 


Dogs  to  be 
confined, 
when. 


Vicious  dog. 


504 


LAWS  AND  OKDINANCES. 


Vicious  dogs 
killed. 


Owner  of  dog 
fined,  when. 


Enticing  dog 
away  from 
owner. 


the  time  of  the  biting-  or  attack,  not  being  within  the  own- 
er’s enclosure,  such  person  so  harboring  or  keeping,  or 
having  in  charge,  such  animal  shall  be  liable,  on  conviction 
thereof,  to  the  punishment  provided  in  Section  13  of  this 
ordinance.  And  if  any  person  so  convicted  shall  continue 
to  harbor  or  keep  or  have  in  charge  such  animal  within  the 
limits  of  said  city,  and  said  animals  shall  again  bite  or 
fiercely  attack  any  person  in  the  manner  aforesaid,  the  per- 
son so  harboring  or  keeping  said  animal  shall,  upon  con- 
viction thereof,  be  punished  by  a fine  of  not  less  than  fifteen 
dollars  ($15.00)  and  not  more  than  fiftv  dollars  ($50.00.) 

958  Sec.  9.  Whenever  affidavit  shall  be  made  before 
the  Mayor  of  the  City  of  Fort  Wayne  that  any  dog  has 
bitten  a person  in  said  city,  and  that  person  so  bitten  was 
not  at  the  time  trespassing  upon  the  person  or  property  of 
the  owner  or  possessor  of  said  dog,  the  said  Mayor  shall 
issue  an  order  directing  the  owner  or  possessor  of  said  dog 
to  kill  him  within  forty-eight  hours  of  receiving  such  order. 
The  owner,  possessor,  keeper  or  the  person  having  in  charge 
any  such  dog,  or  who  shall  refuse  or  neglect  to  kill  it  within 
forty-eight  hours  after  having  received  such  order,  shall, 
on  conviction,  be  liable  to  the  punishment  provided  in  Sec- 
tion 13  of  this  ordinance,  and  it  shall  be  the  duty  of  any 
police  officer  or  the  Poundmaster  to  destroy  said  dog  wher- 
ever he  shall  be  found  at  large  in  said  city  forty-eight  hours 
after  service  of  said  order. 

959  Sec.  10.  Any  property  owner  residing  within 
the  corporate  limits  of  the  City  of  Fort  Wayne,  who  on  the 
first  day  of  April  of  any  year  hereafter,  owns,  harbors  or 
has  the  care  of  any  dog,  male  or  female,  refuses  to  pay  the 
annual  tax  or  taxes  thereon  to  the  Township  Assessor,  as 
in  this  ordinance  provided,  shall,  upon  conviction,  be  fined 
in  any  sum  not  to  exceed  five  dollars  ($5.00)  and  costs  of 
prosecution. 

960  Sec.  II.  It  shall  be  unlawful  for  any  person  to 
entice  any  dog  away  from  the  premises  of  the  person  own- 
ing, keeping  or  harboring  the  same ; or  to  entice  any  dog 
from  any  street,  alley  or  public  place  of  this  city  with  the 
intention  of  depriving  the  owner,  keeper  or  person  harboring 
the  same  of  the  possession  thereof- 


DUTIES  OF  SCHOOL  TRUSTEES. 


505 


961  Sec.  12.  It  shall  be  unlawful  to  throw  or  de- 
posit ])oison  meat  or  any  poison  substance  in  any  street, 
alley,  market  place,  lot  or  public  place  of  this  city,  for  the 
purpose  of  destroying  any  animal  of  the  dog  kind. 

962  Sec.  13.  Any  person  who  shall  yiolate  any  of 
the  regulations,  requirements  or  proyisions  of  this  ordinance 
shall  be  fined  in  any  sum  not  exceeding  twenty-fiye  dollars 
($25.00),  together  with  costs  of  prosecution. 

963  Sec.  14.  That  General  Ordinance  No.  35,  ap- 
proyed  the  loth  day  of  fuly,  1895,  is  hereby  repealed. 

963-A  Sec.  15.  This  ordinance  shall  be  in  force  and 
take  effect  from  and  after  its  passage,  approyal  by  the 
Mayor  and  legal  publication.  [Approyed  August  14,  1900.] 

Ordinance  Record  i,  page  420. 


A.V  ORDINANCE  providing  the  duties  of  the  Sehool 

Trustees. 

(Approved  March  11,  1887.) 

(Revised  Ordinances,  1887.)  (Am’d,  See  General  Ordinance  16.) 

964  Sec.  I.  The  Trustees  of  the  public  schools  of 
the  City  of  Fort  Wayne  shall  render  to  the  Common  Council 
at  its  first  regular  meeting  in  the  month  of  September,  an- 
nually, a report  in  writing  for  the  fiscal  year  ending  August 
31st,  which  report  shall  clearly  and  separately  state: 

First — The  amount  of  special  school  revenue  and  the 
school  revenue  for  tuition  on  hand  at  the  commencement 
of  the  year  then  ending. 

Second — The  amount  of  each  kind  of  revenue  received 
at  each  semi-annual  apportionment  thereof. 

Third — The  amount  of  each  kind  of  revenue  paid  out 
and  expended  within  the  year. 

Fourth — The  amount  of  each  kind  of  revenue  on  hand 
at  the  date  of  said  report  to  be  carried  to  the  new  account. 

Fifth — A detailed  statement  of  the  different  amounts, 
and  purposes  for  which  the  same  was  laid  out  and  expended. 

Sixth — The  number  and  estimated  value  of  the  school 
buildings. 

Seventh — The  amount  of  school  furniture  and  the  esti- 
mated value  of  the  same. 


Unlawful  to 
poison  dog. 


Penalty. 


Repealed. 


School 
T rustees. 


Report  to 
Council. 


What  to 
contain. 


506 


LAWS  AND  ORDINANCES. 


Special 


Penalty. 


Eighth — The  average  number  of  teachers,  not  including 
those  in  the  grammar  schools. 

Ninth — The  average  number  of  teachers  employed  in 
the  grammar  schools. 

Tenth — The  total  number  of  persons,  male  and  female, 
between  the  ages  of  six  and  twenty-one  years,  as  shown  by 
the  last  enumeration. 

Eleventh — The  number  enumerated,  male  and  female, 
who  are  over  fifteen  years  of  age. 

Twelfth — The  total  number  of  different  pupils,  includ- 
ing those  of  the  grammar  schools,  who  were  at  any  time 
during  the  year  enrolled  in  the  public  schools. 

Thirteenth — The  number  of  pupils  at  any  time  during 
the  year  in  the  grammar  schools. 

Eourteenth — The  average  number  of  pupils  belonging 
to  all  the  schools. 

Eifteenth — The  average  daily  attendance  in  all  the 
schools. 

Sixteenth — The  per  cent,  of  daily  attendance,  based  on 
the  average  whole  number  belonging  to  the  schools. 

Seventeenth — The  cost  of  tuition  of  each  pupil,  based 
on  the  average  whole  number  belonging  to  the  schools. 

Eighteenth — The  cost  of  tuition  per  pupil,  including 
incidental  expenses,  such  as  fuel,  repairs,  maps,  books, 
charts  and  apparatus. 

Nineteenth — The  number  of  days  the  schools  were  in 
session. 

report.  965  Sfx.  2.  The  said  Trustees  shall  make  special  re- 
ports to  the  Common  Council  when  the  Common  Council 
shall  bv  resolution  direct  them  so  to  do. 

966  Sec.  3.  Upon  the  failure  of  said  Trustees  to 
render  reports  at  the  time  and  in  the  manner  provided,  each 
of  them,  upon  conviction  thereof,  shall  forfeit  and  pay  to 
the  City  of  Eort  Wayne  any  sum  not  exceeding  one  hun- 
dred dollars  ($100.00.) 

GENERAL  ORDINANCE  NO.  16. 

AN  ORDINANCE  requiring  the  School  Trustees  to  make 

their  annual  report  on  the  first  day  of  August  of  each 


WARDS  OF  THE  CITY. 


507 


year,  and  requiring  the  Treasurer  of  said  School  Trus- 
tees to  make  a financial  report  on  the  first  day  of  January 
of  each  year. 

967  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  the  School  Trustees  be 
required  to  make  their  annual  report  to  the  Common  Coun- 
cil of  said  city  on  the  first  day  of  August  of  each  and  every 
year,  and  that  the  Treasurer  of  said  Trustees  be  required  to 
make  a financial  report  relating  to  the  business  of  said 
School  Trustees  to  the  Common  Council  on  the  first  day  of 
Januarv  in  each  and  every  year. 

967-A  Sec.  2.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

967-B  Sec.  3.  This  ordinance  shall  be  in  full  force 
and  eft'ect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  October  9,  1894.] 

Ordinance  Record  i,  page  85. 


GENERAL  ORDINANCE  NO.  47. 

AN  ORDINANCE  re-districting  all  the  territory  zvithin  the 
corporate  limits  of  the  City  of  Fort  Wayne  into  zvards, 
defining  and  describing  the  boundaries  thereof  and 
designating  the  same  by  numbers. 

(In  Force  January  26,  1896.) 

968  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  all  territory  now  lying 
within  the  corporate  limits  of  the  City  of  Eort  Wayne, 
Indiana,  be  re-districted  and  divided  into  ten  wards,  each 
of  said  wards  to  consist  of  the  following  described  territory 
according  to  their  numbers  and  their  respective  descriptions 
hereinafter  set  forth  as  follows,  to-wit : 

EIRST  WARD — Commencing  at  the  intersection  of 
the  Maumee  river  with  the  center  line  of  Harmer  street 
produced  north ; thence  south  to  the  center  line  of  Harmer 
street  produced  north  to  Harmer  street ; thence  south  on 
the  center  line  of  Harmer  street  to  the  center  line  of  Hayden 
street ; thence  east  on  the  center  line  of  Hayden  street  to 


School  Trus- 
tees, when  to 
make  report. 


Wards  of  the 
city. 


508 


LAWS  AND  OKDINANCES. 


tlie  center  line  of  Gay  street ; thence  south  on  the  center  line 
of  Gay  street  to  the  Pittsburg,  Fort  Wayne  & Chicago  rail- 
way ; thence  westerly  following  the  line  of  the  Pittsburg, 
Fort  Wayne  & Chicago  railway  to  its  intersection  with  the 
center  line  of  Clay  street;  thence  north  along  the  center 
line  of  Clay  street  to  the  north  line  of  Columbia  street ; 
thence  north  along  the  center  line  of  Clay  street  produced 
north  to  the  St.  Mary’s  river ; thence  following  the  meander- 
ings  of  the  St.  Mary’s  and  Maumee  rivers  to  the  center  line 
of  Harmer  street  produced  north,  and  also  all  of  Lakeside 
Park  addition. 

SECOND  WARD — Commencing  at  the  intersection  of 
the  St.  Mary’s  river  with  the  center  line  of  Clay  street  pro- 
duced north ; thence  south  on  the  center  line  of  Clay  street 
produced  north  to  Columbia  street;  thence  south  on  the 
center  line  of  Clay  street  to  Pittsburg,  Fort  Wayne  & Chi- 
cago railway ; thence  west  following  the  line  of  the  Pitts- 
burg, Fort  Wayne  & Chicago  railway  to  its  intersection 
with  the  center  line  of  Calhoun  street ; thence  north  on  the 
center  line  of  Calhoun  street  tO'  its  intersection  with  the  St. 
Mary’s  river ; thence  following  the  meanderings  of  the 
St.  Mary’s  river  to  the  center  line  of  Clay  street  produced 
north. 

THIRD  WARD — Commencing  at  the  intersection  of 
the  center  line  of  Calhoun  street  with  the  St.  Mary’s  river ; 
thence  south  on  the  center  line  of  Calhoun  street  to  the  cen- 
ter line  of  Butler  street  ; thence  west  on  the  center  line  of 
Butler  street  to  the  center  line  of  Hoagland  avenue ; thence 
north  on  the  center  line  of  Hoagland  avenue  to  the  Wabash 
railway ; thence  north  on  the  center  line  of  Hoagland  ave- 
nue ])roduced  north  to  Chicago  street ; thence  east  on  Chi- 
cago street  to  the  center  line  of  McClellan  street ; thence 
north  on  the  center  line  of  JMcClellan  street  to  the  center 
line  of  Baker  street;  thence  east  on  the  center  line  of  Baker 
street  to  the  center  line  of  Webster  street ; thence  north  on 
the  center  line  of  Webster  street  to  the  center  line  of  Berry 
street ; thence  west  on  the  center  line  of  Berry  street  to  the 
center  line  of  Webster  street  on  the  north ; thence  north  on 
the  center  line  of  Webster  street  to  a point  where  said  center 


WARDS  OF  THK  CITY. 


509 


line  of  Webster  street  produced  north  intersects  the  St. 
Mary’s  river ; thence  following  the  meanderings  of  the 
St.  Mary’s  river  to  its  intersection  with  the  center  line  of 
Calhoun  street. 

FOURTH  WARD — Commencing  at  the  intersection  of 
the  St.  Mary’s  river  with  the  center  line  of  Webster  street; 
thence  south  on  the  center  line  of  Webster  street  produced 
south  to  the  center  line  of  Berry  street;  thence  east  on  the 
center  line  of  Berry  street  to  the  center  line  of  Webster 
street  on  the  south ; thence  south  on  the  center  line  of 
Webster  street  to  the  center  line  of  Baker  street ; thence 
west  on  the  center  line  of  Baker  street  to  the  center  line  of 
McClellan  street ; thence  south  on  the  center  line  of  McClel- 
lan street  to  Chicago  street ; thence  west  on  Chicago  street  to 
its  intersection  with  he  cener  line  of  Hoagland  avenue  pro- 
duced north ; thence  south  on  the  center  line  of  Hoagland 
avenue  produced  north  to  the  south  line  of  the  right- 
of-way  of  the  Wabash  railway ; thence  south  on  the  center 
line  of  Hoagland  avenue  to  the  center  line  of  Butler  street ; 
thence  west  on  the  center  line  of  Butler  street  to  the  center 
line  of  Fairfield  avenue ; thence  south  on  the  center  line  of 
Fairfield  avenue  to  the  center  line  of  Poplar  street ; thence 
west  on  the  center  line  of  Poplar  street  to  the  west  line  of 
Oakley  street ; thence  west  in  the  alley  on  the  south  line  of 
Ninde’s  Second  addition  to  Poplar  street ; thence  west  on 
the  center  line  of  Poplar  street  to  the  center  line  of  Fox 
street ; thence  south  to  the  first  alley  north  of  DeWald  street ; 
thence  west  in  said  alley  to  the  center  line  of  Broadway; 
thence  north  following  the  center  line  of  Broadway  to  the 
New  York,  Chicago  & St.  Louis  railroad;  thence  west  along 
the  line  of  the  New  York,  Chicago  & St.  Louis  railroad  to 
the  center  line  of  Van  Buren  street  : thence  north  on  the 
center  line  of  Van  Buren  street  to  its  intersection  with  the 
St.  Mary’s  river;  thence  following  the  meanderings  of  the 
St.  Mary’s  river  to  its  intersection  with  the  center  line  of 
Webster  street. 

FIFTFI  WARD — Commencing  at  the  intersection  of 
the  St.  Mary’s  river  with  the  center  line  of  Van  Buren 
street ; thence  south  on  the  center  line  of  Van  Buren  street 


510 


LAWS  AXD  ORDINANCES. 


to  the  New  York,  Chicago  & St.  Louis  railroad ; thence 
east  along  the  line  of  the  New  York,  Chicago  & St.  Louis 
railroad  to  its  intersection  with  the  center  line  of  Broadway ; 
thence  south  along  the  center  line  of  Broadway  to  the  Pitts- 
burg, Fort  Wayne  & Chicago  railroad;  thence  west  along 
the  Pittsburg,  Fort  Wayne  & Chicago  railroad  to  the  city 
limits;  thence  following  the  line  of  the  city  limits  to  its 
intersection  with  the  New  York,  Chicago  & St.  Louis  rail- 
way; thence  following  the  line  of  the  New  York,  Chicago 
& St.  Louis  railway  to  the  St.  Mary’s  river ; thence  follow- 
ing the  meanderings  of  the  St.  Mary’s  river  to  its  inter- 
section with  the  center  line  of  Van  Buren  street. 

SIXTH  WARD — Commencing  at  the  intersection  of 
Calhoun  and  Butler  streets ; thence  south  on  the  center  line 
of  Calhoun  street  to  the  center  line  of  Killea  street;  thence 
west  on  the  center  line  of  Killea  street  to  the  center  line  of 
Hoagland  avenue ; thence  south  on  the  center  line  of  Hoag- 
land  avenue  to  Richardville  avenue  (so  called)  ; thence 
west  on  the  center  line  of  Richardville  avenue  (so  called)  to 
the  St.  Mary’s  river ; thence  following  the  meanderings  of 
the  St.  Mary’s  river  to  the  city  limits ; thence  east  and  north 
following  the  line  of  the  city  limits  to  the  Pittsburg,  Fort 
Wayne  & Chicago  railway ; thence  east  along  the  line  of 
the  Pittsburg,  Fort  Wayne  & Chicago  railway  to  its  inter- 
section with  the  center  line  of  Broadway ; thence  south 
along  the  center  line  of  Broadway  to  the  first  alley 
north  of  DeWald  street ; thence  east  following  the  line  of 
said  alley  to  the  center  line  of  Fox  street ; thence  north  to 
the  center  line  of  Poplar  street ; thence  east  on  the  center 
line  of  Poplar  street  to  the  alley  on  the  south  line  of  Ninde’s 
Second  addition ; thence  east  in  said  alley  to  Oakley  street ; 
thence  east  on  the  center  line  of  Poplar  street  to  the  center 
line  of  Fairfield  avenue ; thence  north  along  the  center  line 
of  Fairfield  avenue  to  the  center  line  of  Butler  street ; thence 
east  on  the  center  line  of  Butler  street  to  its  intersection 
with  the  center  line  of  Calhoun  street. 

(See  Ordinances  113,  114  and  115,  adding  territory  annexed  to 
said  ward.) 

SEVENTH  WARD — Commencing  at  the  intersection 


WAKDS  OF  THE  CITY. 


511 


of  the  Pittsburg,  Fort  Wayne  & Chicago  railway  with  the 
center  line  of  Hanna  street ; thence  south  on  the  center 
line  of  Hanna  street  to  the  line  of  the  city  limits  on  the 
west  of  Hanna  street ; thence  westerly  following  the  south 
line  of  the  city  limits  to  the  center  line  of  Calhoun  street ; 
thence  north  on  the  center  line  of  Calhoun  street  to  its  inter- 
section with  the  Pittsburg,  Fort  Wayne  & Chicago  railway ; 
thence  east  following  the  line  of  the  Pittsburg,  Fort  Wayne 
& Chicago  railway  to  its  intersection  with  the  center  line 
of  Hanna  street. 

(See  Ordinance  116,  adding  annexed  territory  to  Seventh 
ward.) 

EIGHTH  WARD — Commencing  at  the  intersection  of 
the  Maumee  river  and  Glasgow  avenue ; thence  south  along 
the  line  of  Glasgow  avenue  to  Maumee  road ; thence  west 
on  Maumee  road  to  the  city  limits ; thence  south  on  the  line 
of  the  city  limits  to  Wayne  trace  (so  called)  ; thence  north- 
west on  Wayne  trace  to  the  center  line  of  Walton  avenue; 
thence  north  on  the  center  line  of  Walton  avenue  to  the 
Wabash  railway;  thence  west  following  the  line  of  the  Wa- 
bash railway  to  its  intersection  with  the  center  line  of  Gay 
street ; thence  north  on  the  center  line  of  Gay  street  to  the 
center  line  of  Hayden  street ; thence  west  on  the  center  line 
of  Havden  street  to  the  center  line  of  Harmer  street ; thence 
north  on  the  center  line  of  Harmer  street  to  the  New  York, 
Chicago  & St.  Louis  railroad ; thence  north  on  the  center 
line  of  Harmer  street  produced  north  to  the  Maumee  river ; 
thence  following  the  meanderings  of  the  Maumee  river  to 
its  intersection  with  Glasgow  avenue. 

NINTH  WARD — Commencing  at  the  intersection  of 
■Mill  road  (so  called)  with  Spy  run,  thence  in  a south- 
easterly and  westerly  direction  following  the  line  of  the  city 
park  addition  to  its  intersection  with  the  St.  Mary’s  river; 
thence  southwesterly  following  the  meanderings  of  the  St. 
Mary’s  river  to  its  intersection  with  the  New  York,  Chicago 
& St.  Louis  railway,  thence  northwest  following  the  line  of 
th  eNew  York,  Chicago  & St.  Louis  railway  to  its  intersec- 
tion with  the  line  of  the  city  limits ; thence  northeast  and 
north  following  the  line  of  the  city  limits  to  Archer  avenue ; 
thence  east  on  Archer  avenue  to  Wells  street ; thence  follow- 


512 


IvAWS  AND  ORDINANCES. 


Annexation  of 
territory  to 
Tenth  ward. 


ing  the  line  of  the  city  limits  to  its  intersection  with  the 
center  line  of  Mill  road  (so  called)  and  Spy  Run. 

TENTH  WARD — Commencing  at  the  intersection  of 
the  Wabash  railway  with  the  center  line  of  Walton  avenue; 
thence  south  on  the  center  line  of  Walton  avenue  to  the 
center  line  of  Pontiac  street ; thence  west  on  the  center 
line  of  Pontiac  street  to  the  east  line  of  Industrial  Park 
addition  ; thence  south  on  the  east  line  of  Industrial  Park 
addition  to  the  south  line  of  said  addition ; thence  west  on 
the  south  line  of  said  Industrial  Park  addition  to  the  center 
line  of  Hanna  street ; thence  north  on  the  center  line  of 
Hanna  street  to  its  intersection  with  the  Pittsburg,  Fort 
Wayne  & Chicago  railway;  thence  southeast  following  the 
line  of  the  Pittsburg,  Fort  Wayne  & Chicago  railway  to  the 
center  line  of  Gay  street ; thence  north  on  the  center  line  of 
Gay  street  to  the  Wabash  railway ; thence  east  following  the 
line  of  the  Wabash  railway  to  its  intersection  with  the  cen- 
ter line  of  Walton  avenue. 

(See  Ordinances  163-164,  adding  territory  annexed  to  said 
ward.) 

968-A  Sec.  2.  All  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  herebv  repealed. 

968-B  Sec.  3.  This  ordinance  shall  be  in  full  force 
and  effect  on  and  after  its  passage  and  approval  by  the 
Mayor  and  the  publication  of  the  same  once  each  week  for 
two  consecutive  weeks  in  a daily  newspaper  of  general  cir- 
culation printed  and  published  in  the  City  of  Fort  Wayne, 
Indiana.  [Approved  January  31,  1896.] 

Ordinance  Record  i,  page  133. 


GENFRAF  ORDINANCE  NO.  163. 

AN  ORDINANCE  making  certain  territory  within  the  cor- 
porate limits  of  the  city  a part  of  the  Tenth  ward. 

969  Sec.  I.  Be  it  ordained  by  the  Common  Council 
of  the  City  of  Port  Wayne,  Indiana,  That  the  following  de- 
scribed territory  be  annexed  to  and  be  made  a part  of  the 
Tenth  ward  of  the  City  of  Fort  Wayne,  Indiana,  said  terri- 
tory being  more  particularly  described  as  follows : 


TENTH  WAKD. 


513 


Commencing'  at  the  point  where  the  center  line  of  Wal- 
ton avenue  intersects  with  the  center  line  of  Wayne  trace; 
thence  southeast  along  the  center  of  Wayne  trace  to  the 
center  line  of  Fletcher  avenue  extended  south ; thence  south 
to  a point  ecptal  distance  from  Walton  avenue  on  the  center 
line  of  Creighton  avenue  extended  east ; thence  south  with 
the  center  line  of  Euclid  avenue  and  Euclid  avenue  ex- 
tended south  to  the  center  line  of  Pontiac  street  ; thence 
west  with  the  center  line  of  Pontiac  street  to  the  center  line 
of  Walton  avenue;  thence  north  on  the  center  line  of  Wal- 
ton avenue  to  the  place  of  beginning. 

All  of  said  territory  being  situated  in  Allen  county, 
Indiana,  and  having  been  annexed  to  said  city  November 
14,  1899. 

969-A  Sec.  2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by  the 
Mayor.  [Approved  August  14,  1900.] 

Ordinance  Record  i,  page  425. 


GENERAL  ORDINANCE  NO.  164. 

ORDINANCE  making  certain  territory  within  the  cor- 
porate limits  of  the  city  a part  of  the  Tenth  ward. 

969  1-2-A  Sec.  I.  Be  it  ordained  by  the  Common 
Council  of  the  City  of  Fort  IVayne,  Indiana,  That  the  fol- 
lowing described  territory  be  annexed  to,  and  be  made  a 
part  of  the  Tenth  ward  of  the  City  of  Fort  Wayne,  Indiana, 
said  territory  being  more  particularly  described  as  follows ; 

Commencing  on  Pontiac  street  at  a point  in  the  east 
line  of  Smith  street  extended  south,  running  due  south  to 
a point  in  the  middle  of  Eckart  street,  extended  east,  thence 
due  west  on  the  middle  line  of  Eckart  street  to  Elanna  street. 

All  of  said  territory  being  situated  in  Allen  county. 
Indiana,  and  having  been  annexed  to  said  city  April  10, 
1900. 

969  1"2-B  Sec.  2.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval  by 
the  Mayor.  [Approved  August  14,  1900.] 

Ordinance  Record  i,  page  426. 


Tenth  ward, 
annexation 
of  territory. 


514 


LAWS  AND  ORDINANCES. 


Water,  tests 
of. 


Record,  kept 
in  office  of. 


Weighmaster. 


Bond. 


Duties. 


GENERAL  ORDINANCE  NO.  152. 

AN  ORDINANCE  requiring  the  City  Bacteriologist  to 
make  zveekly  tests  of  zvater  supply  of  the  city. 

970  Sec.  I.  Be  it  enacted  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  That  it  shall  be  the  duty  of  the 
City  Bacteriologist  to  make  weekly  tests  of  the  water  supply 
of  the  City  of  Fort  Wayne  for  the  purpose  of  ascertaining 
its  purity.  That  for  the  purpose  of  such  test  water  shall 
be  taken  from  hydrants  in  different  parts  of  the  city  and  a 
record  of  the  same  be  kept  in  the  office  of  the  Board  of 
Health. 

970-A  Sec.  2.  This  ordinance  to  be  in  full  force  and 
effect  on  and  after  its  passage,  approval  by  the  Mayor  and 
legal  publication.  [Approved  March  3,  1900.] 

Ordinance  Record  i,  page  377. 


GENERAL  ORDINANCE  NO.  167. 

AN  ORDIN ANCE  regulating  the  appointment  and  duties 
of  a City  Weighmaster. 

971 -A  Sec.  I.  Be  it  enacted  by  the  Common  Council 
of  the  City  of  Fort  Wayne,  Indiana,  That  it  shall  be  the  duty 
of  the  Board  of  Public  Safety  to  appoint  a Weighmaster  as 
provided  by  law  governing  cities  which  have  a population 
of  more  than  thirty-five  thousand  (35,000)  and  less  than 
forty-nine  thousand  (49,000)  inhabitants  as  shown  by  the 
last  preceding  United  States  census. 

Before  entering  upon  the  duties  of  his  said  office  he 
shall  file  his  bond  with  sureties  to  the  satisfaction  of  the 
Mayor  in  the  sum  of  one  thousand  dollars  ($1,000.00),  con- 
ditioned for  the  faithful  discharge  of  his  official  duties. 

971-B  Sec.  2.  It  shall  be  the  duty  of  the  said 
Weighmaster  to  attend  the  hay,  coal  and  wood  market  be- 
tween the  hours  of  7 A.  m.  and  dark  of  each  day  and  weigh 
all  hay  or  coal  that  may  be  there  offered  for  sale.  Measure 
all  wood  and  weigh  such  other  articles  as  the  owners  thereof 
may  request. 


CITY  WEIGHMASTEK. 


515 


971-C  Sec.  3.  It  shall  be  unlawful  to  sell  or  offer 
for  sale  any  coal,  wood  or  hay  at,  upon  or  in  any  street, 
alley  or  public  place  in  the  city,  except  North  Calhoun 
street,  north  of  Superior  street,  unless  by  order  of  the  Board 
of  Public  Works ; but  nothing  herein  contained  shall  be 
intended  to  prevent  the  taking  of  orders  for  future  de- 
liverance. 

971-D  Sec.  4.  It  shall  be  the  duty  of  said  City 
Weighmaster  to  weigh  all  hay  or  coal  offered  for  sale  at 
such  market  so  as  to  determine  the  true  weight  of  each  load 
of  hay  or  coal  and  for  this  purpose  the  owner  or  seller  of 
such  hay  or  coal  shall  allow  said  Weighmaster  to  weigh  any 
vehicle  upon  which  hay  or  coal  is  loaded  at  such  times  as 
such  Weighmaster  shall  deem  proper  for  the  protection  of 
purchaser;  and  the  Weighmaster  shall  collect  from  the 
owner  or  seller  for  each  weighing  of  coal,  hay  or  vehicle, 
the  sum  of  ten  cents  per  draft ; and  he  shall  at  the  time  de- 
liver to  the  owner  or  seller  a ticket  showing  thereon  the 
exact  weight  of  the  wagon  and  the  exact  weight  of  the  hay 
or  coal,  as  the  case  may  be,  as  well  as  the  gross  weight,  and 
he  shall  sign  and  date  the  same. 

971-E  Sec.  5.  The  City  Weighmaster  shall  measure 
accurately  every  load  of  wood  received  for  sale  at  such  wood 
market  and  furnish  to  each  owner  or  seller  a ticket  showing 
thereon  the  owner’s  name,  the  date  amd  number  of  cubic 
feet  in  each  load,  and  he  shall  sign  the  same  and  collect  from 
said  owner  the  sum  of  five  cents  for  each  load  sO'  measured. 

971-F  Sec.  6.  It  shall  be  the  duty  of  the  said  Weigh- 
master once  every  week  to  pay  into  the  city  treasury  for 
the  use  of  said  city  all  moneys  collected  by  him  as  such 
Weighmaster.  For  such  purpose  he  shall  keep  a receipt 
book,  giving  to  each  person  a receipt  for  all  payments  and 
he  shall  then  preserve  the  stub  showing  the  amount  received, 
who  from,  the  date  and  a true  statement  of  the  weights  and 
measures. 

971-G  Sec.  7.  It  shall  be  unlawful  for  any  person 
to  sell  or  offer  for  sale  any  mouldy  or  unclean  hay  or  offer 
to  sell  any  hay  in  such  manner  as  to  deceive  the  purchaser 
as  to  the  quantity  or  quality. 


Coal,  wood 
and  hay, 
where  sold. 


Hay  Market. 


Charges  for 
weighing. 


To  measure 
wood. 


Receipt  book 
by  Weigh- 
master kept. 


Mouldy  hay, 
unlawful  to 
sell. 


Wood,  false 
representa- 
tions, 
penalty. 


License 

required. 


How  issued. 


LAWS  AND  ORDINANCES. 

971-H  Sec.  8.  Any  person  selling  wood,  or  offering 
wood  for  sale,  within  the  City  of  Fort  Wayne,  who  shall 
knowingly  make  any  false  representations  as  to  the  quantity 
or  quality  of  wood  contained  in  any  load  offered  for  sale 
with  intent  to  defraud  any  person  or  persons,  who  may  pur- 
chase the  same ; or  who  shall  fraudulently  so  construct  any 
load  of  wood  which  may  be  exposed  for  sale,  as  to  conceal 
therein  inferior  or  unsalable  wood,  and  different  from  the 
parts  of  the  load  exposed  to  view,  with  intent  to  defraud  any 
person  or  persons  who  may  be  the  purchaser  thereof ; or  who 
shall  fraudulently  resort  to  any  other  trick  or  artifice,  by 
concealment  or  misrepresentation,  to  deceive  any  purchaser, 
whether  selling  by  the  load  or  by  the  cord,  and  thereby  de- 
fraud him  or  her,  either  as  to  the  quantity  or  quality  of  such 
wood,  shall,  upon  conviction  thereof  before  the  Mayor,  be 
subject  to  the  penalty  hereinafter  provided. 

971-1  Sec.  9.  Any  person  violating  any  provision  of 
this  ordinance  shall  forfeit  and  pay  a fine  of  not  more  than 
fifty  dollars  ($50.00.) 

971 -J  vSec.  TO.  All  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

971-K  Sec.  II.  This  ordinance  to  be  in  full  force 
and  effect  on  and  after  its  passage,  approval  by  the  Mayor 
and  legal  publication.  [Approved  December  i,  1900.] 

Ordinance  Record  i,  page  430. 


AN  ORDINANCE  regulating  intelligence  oifices. 

(Approved  March  11,  1887.) 

972  Sec.  I.  No  person  shall  establish  or  keep  any 
intelligence  office  within  the  City  of  Fort  Wayne,  for  the 
purpose  of  obtaining  places  or  employment  for  domestic  ser- 
vants or  other  laborers,  or  procuring  or  giving  information 
concerning  such  places  for,  or  to  such  domestic  servants 
or  laborers,  or  for  procuring  or  giving  information  con- 
cerning such  domestic  servants  or  laborers  for,  or  to  em- 
ployers, without  a license  as  hereinafter  provided. 

973  Sec.  2.  The  Mayor  of  said  city  is  hereby 
authorized  to  license  any  person  or  persons  being  a resident 


INTELLIGENCE  OFFICES. 


517 


or  residents  of  said  city,  over  twenty-one  years  of  age,  to 
keep  an  intelligence  office  as  aforesaid,  upon  such  person 
giving  bonds  to  the  city  to  be  approved  by  the  Mayor,  in  the 
penal  sum  of  two  hundred  dollars  ($200.00),  conditioned 
for  the  faithful  observance  of  all  ordinances  of  the  city,  and 
upon  the  payment  of  ten  dollars  ($10.00)  to  the  City  Treas- 
urer for  the  use  of  the  city. 

974  Sec.  3.  Any  person  keeping  an  intelligence  of- 
fice, as  aforesaid,  with  or  without  license,  or  who  shall 
violate  any  of  the  provisions  of  this  chapter,  or  directly  or 
indirectly  or  through  any  agent  or  other  person  or  persons, 
make  use  of  any  device,  deceit,  false  representation,  false 
pretense,  or  any  imposition  whatever,  for  any  improper  pur- 
pose or  for  the  purpose  of  obtaining  a fee,  money,  gratuity 
or  other  thing  of  value,  from  any  customer,  person  or  per- 
sons, or  patron  or  patrons,  shall,  on  conviction,  forfeit  and 
pav  a fine  of  not  more  than  one  hundred  dollars  ($100.00.) 

975  Sec.  4.  Any  person  keeping  or  maintaining  an 
intelligence  office  without  a license  from  said  city  so  to  do 
shall  forfeit  and  pay  a fine  of  not  more  than  one  hundred 
dollars  ($ioo.oo.) 


Imposition 

fraud. 


Penalty. 


CERTIFICATE. 


OFFICE  OF  THE  CITY  CLERK, 

FORT  WAYNE,  Ind.,  January  17,  1901. 

I,  Henry  B.  Monning,  Clerk  of  the  City  of  Fort 
VVa\ne,  Indiana,  do  herel:>y  certify  that  the  Revised  Ordi- 
nances of  the  City  of  Fort  Wayne,  contained  in  this  volume, 
liave  been  examined  and  compared  with  the  official  copies  of 
Ihe  same  in  this  office,  as  recorded  by  authority  of  the  Com- 
mon Council  of  the  City  of  Fort  Wayne,  and  are  found  to 
be  correctly  printed. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and 
affixed  the  seal  of  the  City  of  Fort  Wayne,  this  17th  day 
of  January,  1901. 

HENRY  B.  MONNING, 

City  Clerk. 


INDEX. 


INDEX 


A 

''  Section. 

ARMS. 

Laws. 

Mayor  or  Council  to  execute  bond  to  governor  for.  143 

The  safety  and  deliver  of  such  arms  143 

Governor  may  distribute  to  cities  and  towns  ....  144 


ACTIONS. 

Laws. 

Brought  by  city,  what  need  not  aver  47 

Against  railways,  service  on  whom  48 

Must  be  brought  in  name  of  city 49 

What  complaint  must  contain  49 

What  the  court  records  must  contain  49 

Judgment,  how  enforced 50 

ADVERTISING,  COMMERCIAL  BUSINESS. 

Cannot  by  crying  aloud  on  street 575 

Cannot  carry  signs  and  banners 575 

Violation  of  ordinance,  penalty 576 

AGRICULTURAL  LANDS. 

Laws. 


In  city  may  be  taxed  at  its  fair  cash  value 29 

ALLEN  STREET. 

Name  of,  changed  to  Woodland  avenue  930 

ALLIGER  STREET,  ESTABLISHED. 

From  Walton  avenue  to  Alliger  street,  formerly 

Hugh  street  926 

Name  of,  changed  to  Grant  avenue  926 


ANNEXATION. 

Laws. 

Power  to  declare  corporate  boundaries  37 

Contiguous  territory  may  include  37 

Evidence,  what  shall  be  37 

Publication  of  ordinance  37 


Page. 


185 

185 

185 


126 

127 

127 

127 

127 

127-128 

375 

375 

375 


117-118 


490-492 


489-490 

489-490 


120 

120 

120 

120 


522  INDEX  TO  LAWvS  AND  ORDINANCES 

Section.  Page. 

Appeal,  when  permitted,  how  taken 38  120 

Notice,  how  served  38  120-121-122 

Court  to  determine  without  jury 38  120-121-122 

Remonstrance  38  120-121-122 

Change  of  venue  38  120-121-122 

Duty  of  county  clerk  38  ' 120-121-122 

When  decision  is  adverse  to  annexation  38  120-121-122 

Annexation  of  part  of  a town  forbidden  39  122 

Debt  of  annexed  town  39  122 

Including  property  used  for  school  purposes  211  220 

Becomes  property  of  city  or  town  to  which  annexed  211  220 

Ordinances. 

Territory  annexed  to  Tenth  ward  969  512-513 

ANIMALS. 

Laws. 

May  prohibit  cruelty  to,  by  ordinance  23  106-115 

Ordinances. 

Unlawful  to  run  at  large,  or  to  stake,  or  to  herd 

upon  any  street  or  alley 555  368 

Poundmaster  may  impound  556  368-699 

Notice  to  owner,  of  taking  up  animals  557  369 

Publication,  if  owner  not  known 557  369 

Penalty  for  impounding  558  369-370 

Penalty  for  violating  ordinance 560  370 

Dead,  unlawful  to  haul  over  streets,  penalty  770  434 

Unlawful  to  hitch  to  shade  trees,  awning,  post  or 
lamp  post,  or  to  leave  standing  without  being 

hitched  518  363 

Chickens,  ducks  and  turkeys,  not  to  run  at  large...  544  366 

Feeding  animals  on  streets,  unlawful  812  452 

ANNA  STREET. 

Prom  Shawnee  avenue  to  Indiana  avenue,  formerly 

Park  street  930  490-492 

Name  of,  changed  to  Ferguson  street,  where  930  490-492 

APPROPRIATIONS. 

Laws. 

Only  to  be  made  by  ordinance  34  119 

Additional  may  be  made,  when 55  131-132 


INDEX  TO  LAWS  AND  ORDINANCES. 


APPROPRIATION  S— Continued.  Section. 

Cannot  be  overdrawn  by  Comptroller  59 


Failure  to  make,  preceding  appropriation  in  force..  36 

ARCADE  COURT. 

Alley  between  Wayne  and  Berry  streets,  naming  of,  925 


AREAS. 

Permission  granted  by  Board  of  Works  882 

Extent  of  areas  or  basement  883 

Plan  to  be  examined  by  Board  of  Works  884 

Subject  to  future  use  by  city 885 

On  street  corners  prohibited  886 

Penalty  -. 887 


ASHES. 

Laws. 

Board  of  Public  Works  may  remove  63 

Removal  of,  may  be  required  by  ordinance  23 

Receptacles  for  23 

Ordinances. 

Unlawful  to  place  in  wooden  vessels  542 


AUCTIONS. 

Laws. 

Can  regulate  on  streets  by  ordinance  23 

Ordinances. 

On  streets,  prohibited  698 

AUCTIONEER. 

Laws. 


May  require  to  pay  license  by  ordinance  23 

Ordinances. 

Must  obtain  license,  penalty  696 

Term  of  license,  fee  696 

Place  of  business,  where 696 

Fee  by  day  or  month  697 

To  sell  on  street  at  auction,  unlawful  698 

Goods  sold,  must  be  inside  building  698 

Penalty  . for  violation  of  ordinance 698 


523 

Page. 

133-136 

119 


489 


471 

471 

471 

471-472 

472 
472 


138-141 

106-115 

106-115 

366 


106-115 


409 


106-115 


408-409 

408-409 

408-409 

409 

409 

409 

409 


524 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

AWNINGS. 

Laws. 

May  regulate  by  ordinance 23  106-115 

Ordinances. 

Material  for,  and  how  constructed 842  459-460 

Erected  contrary  to  ordinance,  to  be  removed 842  459-460 

15 

BACTERIOLOGIST,  CITY. 

Duty  to  make  weekly  water  tests 754  970 

Record  kept  in  ofRce  of  Board  of  Health  754  970 

Milk  division,  under  charge  of  731  420 

BACTERIOLOGICAL  LABORATORY. 

Board  of  Health  authorized  to  establish  749  428 

Power  to  purchase  necessary  material,  etc  749  428 

Under  control  of  Board  of  Health 749  428 

BARB  WIRE  FENCE. 

Unlawful  to  erect  532  365 

BARR  STREET  MARKET  (See  Market.) 

BAUER  AVENUE. 

From  Calhoun  to  Harrison,  formerly  Locust  street..  930  490-492 

BARRICADES. 

To  protect  the  public  from  injury  on  streets,  when.  825  455 

To  whom  it  applies 826  455 

Barricades  and  red  lights,  how  placed  827  455-456 

How  placed  in  building  new  streets  827  455-456 

How  placed  in  building  sewers  827  455-456 

How  placed  in  building  vaults  827  455-456 

BATH  HOUSES. 

Laws. 

Public,  may  be  licensed,  regulated  and  closed  by  or- 
dinance   23  106-115 

BATHING. 

Laws. 

To  regulate  time  and  place  by  ordinance  23  106-115 


INDEX  TO  LAWS  AND  ORDINANCES. 

Section. 

BANNERS. 

Laws. 

May  prevent  flying  of  on  streets  by  ordinance 23 

BELLS. 

Laws. 

Ringing,  may  be  regulated  by  ordinance  23 

Ordinances. 

(vScc  locomotive-) 

BICYCLES  AND  TRICYCLES. 

Colored  lamps  required  571 

Penalty  for  violating  ordinance 572 

BEES. 

Unlawful  to  keep  more  than  two  hives  on  any  one 

lot  546 

BEGGING. 

Laws. 

May  be  restrained  and  punished  by  ordinance  ...  23 

Ordinances. 

Begging,  unlawful  514 

BIRTHS  AND  DEATHS. 

Laws. 

May  require  record  and  report  of,  by  ordinance  . . . 135 


BILL  POSTERS. 

Laws. 

Licensed,  taxed  and  regulated  by  ordinance  23 

BILLIARD  AND  POOL  TABLES. 

Cannot  operate  in  city  without  license  700 

License  required  to  operate  701 

Fee,  how  paid  701 

Penalty  for  violating  ordinance 702 

BONDS. 

Laws.  • 


Cities  and  towns  may  issue  funding  bonds  ...146,  151 
Common  Council  to  provide  sinking  fund  for  pay- 
ment   147 


525 

Page. 

106-115 

106-115 

373 

373 

366 

106-115 

362 

181-182 

106-115 

411 

411-412 

411-412 

412 

186-188 

186-187 


526 


INDEX  TO  LAWS  AND  ORDINANCES. 


BONOS — Continued.  Section. 


Refunding  bonds,  cities  and  towns  may  issue..  33,  148 

Interest  and  sinking  fund  levy 149 

Bonds  of  officers,  where  filed,  failure  to  file,  penalty,  6 
May  issue,  interest,  advertise  for  sale,  sale  by  Comp- 
troller   31 

Delivery  of,  to  City  Treasurer,  duty  of  Treasurer, 

report  31 

Rate  of  interest  on,  period  of  bonds  35 

For  street  improvements,  rate  of  interest  and  date 

of  85 

Contents  for,  for  street  improvements  85 

For  street  improvements,  may  be  issued  to  con- 
tractor   85 

Interest  coupons,  receivable  in  payment  of  what. . . 150 
Taxes  to  pay  interest  and  principal  on  152 

Ordinances. 

City,  amount  of  issue,  time  of,  rate,  hen  taxable. . 940 

Form  of  bonds,  what  issued  for 941 

Of  city  officials,  amount  917,  918 


BOARD  OF  HEALTH  AND  CHARITIES. 
Laws. 


Appointment  of,  salary,  powers 134 

Appointments  by,  sanitarian,  detail  policemen 134 

May  prepare  health  ordinances 135 

May  prepare  health  ordinances 135 

Appoint  plumbing  inspector  135 

May  appoint  and  remove  clerk  of  board  135 

Ordinances. 

Milk  division  of  730 

Authorized  to  operate  bacteriological  laboratory...  749 

General  powers  defined  in  certain  cases  749 

Right  to  enter  premises,  in  what  cases  765,  778 

To  examine  water  in  wells  750 

Authorized  to  go  upon  lots  and  lands  750 

Power  to  condemn 750 

Forbidding  people  to  use  water  from  wells,  when. . . 750 

Penalty  for  allowing  others  to  use  water  751 

May  compel  persons  to  clean  receptacles  containing 

filth  725 


Page. 

119-187 

187-188 

101-102 

118 

118 

119 

153-159 

153-159 

153-159 

188 

189 

497- 498 

498- 499 
484-485-486 


181 

181 

181-182 

181-182 

181-182 

181-182 


420 

428 

428 

432-437 

428-429 

428-429 

428-429 

428-429 

429 

429 


INDEX  TO  LAWS  AND  ORDINANCES. 


527 


Section. 

BOARD  OF  HE.MLTH  AND  chaRITI ES— Continued. 


To  ascertain,  from  time  to  time,  violations  of  ordi- 
nance relating  to  nuisance 781 

Must  file  bond  for  performance  of  duty  917 

Record  of  water  tests  kept  in  office  of  754 

May  establish  and  maintain  all  needful  quaran- 
tines   743 

Powers  of,  defined  in  case  of  smallpox,  etc  747 

Failure  to  remove  manure  753 

Penalty  753 

BOILERS. 

Laws. 


Construction  of,  may  be  regulated  by  ordinance....  23 


BOWSER  STREET. 

Name  of,  changed  to  Second  street 922 

BOARD  OF  PUBLIC  WORKS. 

Laws. 

May  work  prisoners  on  streets 50 

May  appoint  and  remove  clerk  of  board  

How  constituted,  removal  by  Mayor,  vacancy  . . 61 

Salary,  must  give  bond 61 

Act  as  a board,  records  61 

Power  of  board,  can  purchase  real  estate  63 

May  condemn  real  estate 63 

Is  custodian  of  public  property 63 

Platting  of  streets  and  alleys  63 

Power  to  open  and  fix  grade  of  streets  63 

Power  to  repair  streets  63 

To  provide  for  sprinkling,  cleaning  and  lighting- 

streets  63 


Power  to  construct  and  maintain  sewers  and  drains.  63 
Power  to  purchase  water  works,  gas  and  electric 
light  works,  street  cars,  telephone  and  natural 


gas  lines  63 

Can  contract  to  furnish  city  with  water  and  gas  . . 63 

Design,  order  and  contract  for  bridges  and  cul- 
verts and  viaducts  63 

Power  to  grant  franchises  to  telephone,  water,  gas, 

street  car  and  electric  light  companies  63 


Page. 


438-439 

484 

430 

425 

427 

424 

429 


106-115 


488 


127-128 

137-138 

137-138 

137- 138 

138- 141 
138-141 
138-141 
138-141 
138-141 
138-141 

138-141 

138-141 


138-141 

138-141 

138-141 

138-141 


528 


INDEX  TO  LAWS  AND  OKDINANCES. 


BOARD  OF  public  WO R KS— Contin  le^. 


Section. 


May  license  digging  in  street  63 

May  direct  the  removal  of  obstructions  from  streets.  63 
Power  to  design  and  contract  for  building  of  lev- 
ees and  water  courses  . . . .^ 63 

Power  to  remove  dead  animals,  etc.,  from  the 

street  63 

Power  to  prepare  plans  for  sewerage  and  drainage 

system 63 

To  make  map  of  sewer,  gas  and  water  pipes  63 

To  fill  ponds,  etc.,  containing  stagnant  water  63 

Power  to  construct  urinals  63 

To  fix,  establish  and  change  grade  of  streets 63 

Public  works,  how  done  by 64 

Resident  employes  to  be  preferred  by  64 

Drawings  and  specifications  for  public  works  65 

Notice  to  contractors  65 

Combination  among  bidders,  penalty  65 

Contracts,  conditions  imposed 65 

Expenses  authorized  by  board,  how  paid  66 

Maj"  by  resolution  order  the  improvement  of  streets,  77 
May  order  erection  and  change  of  levees,  water 

courses  87 

Shall  cause  specifications  prepared  for  sprinkling 

and  sweeping  streets  93 

Ordinances. 

Permits  for  excavation  to  be  submitted  to  870 

Permits  for  building  areas  and  basements  granted 

by 882 

Duty  of  Board  to  examine  plans  for  areas,  etc....  884 

Permit  for  house  moving,  addressed  to  833,  834 

Bond  for  house  moving  filed  with 835 

Design  of  street  car  fenders  must  meet  approval  of  908 
Duty  of  Board  to  examine  all  designs  for  street  car 

fenders  909 

May  order  rubbish,  etc.,  removed  from  streets  and 

alleys  810  . 

Unlawful  to  interfere  with  work  of  815 

May  order  removal  of  lamp  and  lamp  posts  823 

May  permit  drinking  fountains  to  be  erected  824 

May  cut  down  poles  erected  contrary  to  ordinance.  . 706 


Page. 

138-141 

138-141 

138-141 

138-141 

138-141 

138-141 

138-141 

138-141 

138-141 

141 

141 

141-142 

141-142 

141-142 

141-142 

142 

147-148 

159 

163 

467 

471 

471 

457 

458 

481-482 

482 

452 

453 

454-455 

855 

413 


INT^EX  TO  LAWS  AND  OKDINANCES. 


529 


Section.  Page. 


BOARD  OF  PUBLIC  WORKS— Continued. 

Grade  for  sidewalk  under  supervision  of  840  459 

May  have  shade  trees  removed  in  certain  cases.  . . . 848  461 

Orders  repairing,  relaying,  etc.,  of  sidewalks  857  463 

Permits  to  tap  sewers,  viaducts,  etc  662  396-397 

Old  drains  not  disturbed  without  orders  from  .....  668  398 

l\Iay  revoke  license  issued  to  tap  sewers,  when 671  399-400 

Issue  permits  to  plumbers  and  gas  fitters  to  exca- 
vate in  streets  683  603-604 

Contract  with  Fort  Wayne  Di  trict  Telegraph 

Company  455  339 

Contract  with  Home  Telephone  and  Telegraph 

Company  456  342 

Contract  with  New  York,  Chicago  & St.  Louis 

Railroad  Company  474  350 

Powers  and  duties  in  relation  to  unsafe  buildings..  869  466 

Bond  to  file  for  performance  of  duty  917  484 

Gives  notice  to  owner  to  fill  ponds  or  drain  same.  . 789  442 

Duties  in  relation  to  repairing  of  building  within 


fire  limits  800  446-447 


BOARD  OF  PUBLIC  SAFETY, 

Laws. 

Detail  policemen  for  Board  of  Health  and  Charities.  104  167-168 

Board,  how  constituted,  shall  give  bond  97  164 

Supervise  and  manage  police  and  fire  force  97  164 

Power  to  purchase  supplies,  salary  of  commissioners  97  164 

Shall  adopt  rules,  quorum  98  164-165 

Shall  keep  a record,  act  as  a Board  98  164-165 

Appoint  police  and  firemen  99  165-166 

Compensation  of  Board  fixed  by  ordinance  99  165-166 

Shall  fix  police  and  fire  districts 100  166 

Superintendent  of  Police  and  Fire  Chief,  powers...  100  166 

May  remove  police  or  firemen  for  cause  100  166 

May  appoint  and  remove  clerk  of  Board  53  129-130 

Power  to  make  rules  and  regulations,  giving  of 

bond  by  appointee  109  170 

Ordinances. 

Must  file  bond  for  performaence  of  duty  917  484-485 

Marketmaster’s  report,  stalls  and  stands,  leased  on 

market  to  634  390 

Clerk  of,  duty  to  audit  report  of  Marketmaster  . . . 634  390 


530 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

BRANCH  STORES. 

Laws. 

May  license,  tax  and  regulate  by  ordinance 23  106T15 

Ordinances. 

To  sell  bankrupt  stock,  fire  sale,  etc  699  410-411 

Must  procure  a license,  fee 699  410-411 

Sales  by  public  officers,  excepted 699  410-411 

Penalty  for  violating  ordinances 699  410-411 

BRIDGES. 

Laws. 

May  regulate  and  protect  by  ordinance  23  106-115 

Ordinances. 

Speed  in  driving  over  599  382 

Number  of  cattle  driven  over  at  one  time 600  382 

Obstruction  of  601  382-383 

To  keep  to  right  on,  when  crossing  602  383 

Defacing  structure  of 603  383 

Penalty  for  violation  of  ordinance 605  383 

Certain  ordinance  repealed  604  383 

BREAD. 

Quality,  weight,  how  made  790  442-443 

Size  of  loaves  790  442-443 

Weight  applies  to  newly  baked  791  443 

Penalty  for  violating  ordinance 792  443 

Who  may  enter  premises  to  examine  793  443-444 

Officers  may  seize,  when  ordinance  violated 793  443-444 

Return  of  bread  seized,  when 794  444 

Penalty  for  re-offering  to  sell 795  444 

Who  subject  to  ordinance  796  444 

To  what  does  not  apply  797  445 

BROOKLYN  AVENUE. 

From  Calhoun  street  to  Fairfield  avenue,  formerly 

Chicago  street  923  488 

BREAKING  QUORUM. 

Unlawful  to,  in  Common  Council 180  203-204 


INDEX  TO  LAWS  AND  ORDINANCES. 


531 


Section.  Page. 

BROADWAY,  FRANCHISE  FOR  STREET  RAILWAY. 

Extent  of  franchise,  width  of  track,  where  located..  304  252-253 


Track,  grade  of,  pavement  and  repaving 305,  306  253-254 

Rails,  kind  307  254 

Condition  of  repairs,  notice,  failure,  penalty  308  254 

Speed  of  cars,  regulation  of  309  254 

Right  of  way,  who  entitled  310  254-255 

Excavations  in  track,  by  city  permitted  311  255 

Relaying  tracks,  duty  as  to 312  255 

City  indemnified  313  255 

Acceptance,  conditions  314  255-256 

Cuts  and  fills,  duty  as  to  314  255-256 

Track,  when  laid  315  256 

To  maintain  gutters  315  256 

Fares  and  transfers  316  256-257 

Side  tracks  and  switches,  kind  317  257 

Bond  318  257 

BROADWAY,  FRANCHISE  FOR  DOUBLE  TRACK. 

To  Fort  Wayne  Electric  Railway  Company,  from 

Main  street  to  Washington  street  426  291 

Kind  of  rails  to  be  used,  crossings  426  291 

Condition  of  grant  427  292 

Bond  required  428  292 

BREWERIES. 

Laws. 


May  be  licensed,  taxed  and  regulated  by  ordinance.  23  106-115 

Depots  or  agencies  of,  may  be  taxed,  licensed  or 


regulated  23  106-115 

BUILDINGS. 

Laws. 

Construction  regulated  23  106-115 

Dangerous,  license  to  construct,  revoked  23  106-115 

May  compel  cleaning  by  ordinance  23  106-115 

Ordinances. 

Unsafe  walls  of,  constitute  a nuisance  864  465 

Notice  to  Board  of  Works  of  unsafe  condition  ....  865  465 

Notice  served  on  owner  to  appear 865  465 

Publication  of  notices,  when  865  465 

Evidence  heard  as  to  condition  of  building  866  465-466 


532 


INDEX  TO  LAWS  AND  ORDINANCES. 


BUILDINGS — Continued.  Section.  Pa^e. 

Record  of  condition  of  building  made  866  466 

Failure  of  owner  to  comply  with  order  of  Board, 

penalty  867  466 

Cost  of  removi  \g  kept  and  presented  to  owner  ....  8 8 466 

Cost  of  removal  recovered  by  city 868  466 

Power  of  Board  where  public  safety  demands  it.  . . . 8G9  466 

Erected  or  repaired  in  fire  limits  prohibited  800  466-447 

Kind  of  to  be  built  within  fire  limits  800,  804  446-447-449-450 

Dangerous  on  account  of  fire,  unlawful  to  main- 
tain   803  449 

BUCHANAN  STREET. 

From  Lafayette  street  to  Winter  street,  formerly 

Samuel  street  920  487 

O 

CATTLE  YARDS. 

How  kept,  penalty  754  430 

CATTLE. 

Herding  on  streets  and  alleys  forbidden  829  456 

Numl)er  which  may  driven  over  street  819  454 

. Number  which  may  be  driven  over  bridge  819  454 

CASS  STREET. 

Citizens’  Street  Railway  franchise  (See  Calhoun 

franchise)  290  248-249 

Removal  of  tracks  from  418  288-289 

CELLAR  DOORS. 

Not  to  project  above  sidewalks  841  459 

Not  to  be  left  open,  penalty 517,  850  362-363 

CEMETERIES. 

Laws. 

Regulation  and  management  of,  by  ordinance  ....  108 

CENTLIVRE,  C.  L.,  STREET  RAILWAY  COMPANY. 

Doul)le  track  on  Superior  street  and  Spy  Run....  405  284 

Electricity  used  406  284 

Pavement  and  repairs,  material 407  284-285 

Rails,  crossings,  paving  streets,  power  of  Board  of 

Public  Works  408  285 


INDEX  TO  LAWS  AND  ORDINANCES. 


533 


Section.  Page. 

CENTLIVRE,  C.  L.  STREET  RAILWAY  COM  PAN  Y--Continued. 

Repairs  and  sides  of  rails,  how  kept  408  285 

How  operated,  may  construct  conduits  408  285 

Erect  poles,  wires,  etc  408  285 

Trolley  wiies,  poles,  how  high  and  where  placed.,..  409  285 

Speed,  regulation  of  410  285-286 

Conditions,  subject  to  ordinance 411  286 

Kind  of  cars  to  be  used  412  286 

How  operated  and  managed  412  286 

Indemnity  to  city,  bond 413  286-287 

When  to  begin  construction  of,  forfeiture  414  287 

Conditions  when  territory  is  annexed  415  287 

Limit  of  franchise  416  287-288 

When  in  force,  amendment  to  certain  ordinances. . . 417  288 

Superior  street  franchise  (See  Siiterior  street). 

CHICKENS,  TURKEYS  AND  DUCKS. 

Unlawful  to  run  at  large 544  866 

CHICKEN  COOPS. 

Unlawful  to  maintain  within  certain  limits  545  366 

CHIEF,  FIRE  DEPARTMENT. 

Authorized  to  enter  houses,  when 802  448-449 

May  prescribe  fire  limits  at  fire 797  445 

To  make  investigation  of  cause  of  fire,  report  kept.  . 798  445-446 

People  present  at  fire  subject  to  his  orders 798  445-446 

Power  to  administer  oath 105  168 

CHIMNEYS. 

How  constructed 784  440 

Violation  of  ordinance,  penalty 785  440 

Repeated  violation,  penalty 786  440-441 

CHARLES  STREET. 

Name  changed  to  Masterson  avenue  930  490-492 

CHICAGO  STREET. 

Name  changed  to  Brooklyn  avenue  923  488 

CHILDREN. 

Laws. 

May  prohibit  cruelty  to,  by  ordinance  23  106-115 

Must  keep  off  street  after  certain  hours  590  379-380 


534 


INDEX  TO  EAWvS  AND  OKDINANCEvS. 


CH I LDR  EN— Continued.  Section.  Page. 

Compulsory  education  of,  in  certain  cases  212  220-221 

Children  incapacitated  for  work  in  schools 212  220-221 

Indigent,  how  books,  etc.,  furnished  for  216  222-223 

CALHOUN  STREET,  CITIZENS’  STREET  RAILWAY  FRANCHISE. 

Track,  kind  to  be  laid 290  248  249 

Pavement,  extent  of  292  249 

Repaving,  when  292  249 

Kind  of  rail 293  250 

Track,  how  laid  and  maintained 294  250 

Neglect  to  repair,  penalty 294  250 

St.  Mary’s  river  bridge,  track  across  295  250 

Fares  and  transfers 296  250-251 

Speed,  regulation  of  297  251 

Time  of  running 297  251 

Right  of  way,  penalty 298  251 

Excavation  by  city 299  251 

Repair  300  251 

City  indemnified  301  252 

Bond  302  252 

Time  when  to  be  completed 303  252 

Kind  of  poles  to  be  used,  only  Fort  Wayne  Street 

Railway  Company 376  276 

Double  tracks  only  Fort  Wayne  Street  Railway 

Company  385  278 


First  franchise  on  to  Citizens’  Street  Railway  Com- 
pany (See  Citizens'  Street  Raihvay  Company) ... . 248  237 


Franchise  for  Laying  Double  Track. 

Track,  how  located 279  244-245 

How  laid  and  paved 281  245-246 

Repair  and  to  keep  in  repair 281  245-246 

Rails,  kind  of  used 282  246 

Rails  at  grade  of  street 283  246 

Notice  to  repair,  failure,  penalty 283  246 

Speed,  regulation  of,  cars  and  time  of  running 284  246-247 

Who  has  right  of  way,  penalty 285  247 

City’s  right  to  excavate  in  street 286  247 

Laying  and  repairing  of  tracks 287  247 

City  indemnified  against  loss 288  247-248 

Bond  289  248 


INDEX  TO  LAWS  AND  ORDINANCES. 


535 


Section.  Page. 


CITY  OF  FORT  WAYNE. 

Limits  of,  defined 931  493-495 

Seal  of,  established  and  declared 91(1  484 

Contract  with  New  York,  Chicago  & St.  Louis  Rail- 
way Company 474  350 

Bonds  issued  to  pay  indebtedness 940  497-498 

Territory  annexed  to  Tenth  ward 969  512-513 

CIGARETTES. 

Unlawful  to  sell  without  license 561  370 

Fee  for  license 562  371 

Comptroller  to  issue 563  371 

Term  of  license  563  371 

Penalty  for  violation  of  ordinance 564  371 

CITY  CLERK. 

Laws. 


City  Treasurer  to  make  settlement  with,  tor  moneys 


collected  113  171 

Performs  duty  of  County  Clerk  in  city  elections  ...  2 99-100 

Elected  when,  term  of  office 2 99-100 

Powers  conferred  on,  by  acts 3 100-101 

Shall  notify  officers  of  their  election  5 101 

Duties,  is  clerk  of  Council,  keeps  ordinance  book... . 52  128-129 

Salary  of  Clerk,  perquisites 52  128-129 

Deputy  Clerk,  when  52  128-129 

Ordinances. 

Fees  of,  for  transcripts 899  478 

Charges  against  officials,  to  be  filed  with 901  479 

CITIZENS’  STREET  RAILWAY. 

Franchise  granted  to 248  237 

On  Calhoun,  Wallace,  Hamilton  and  Lafayette 

streets  and  Creighton  avenue 249  237 

Right  of  way,  who  to  have,  penalty 250  237-238 

Speed,  regulation  of  251  238 

Gauge  of  tracks  252  238 

Rate  of  fare  253  238 

Street,  how  kept  within  rails 254  238 

Track,  how  laid  254  238 

Tracks,  where  laid  255  238 

Index— 2 


536 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Pag-e. 

CITIZENS’  STREET  RAI LWAY— Continued. 

City  not  liable  for  damage 256  238-239 

Cars,  how  run  257  239 

Right  to  lay  tracks  on  Maumee  street  259  239 

Right  to  lay  double  track  on  Calhoun  street  (See 

Calhoun  street)  279  244-245 

CITY  CIVIL  ENGINEER. 

Laws. 

Mayor  appoints,  salary  62  138 

Subject  to  orders  and  directions  of  the  Board  of 

Public  Works  62  138 

Ordinances. 

Divides  lots  and  spaces  for  numbering  880  470 

Fixes  lines  for  party  walls  489  354 

Construction  of  vaults  and  coal  holes,  under  super- 
vision of  888  472 

Shall  give  grades  for  sidewalks 840  45t 

Old  drains  may  not  be  disturbed  unless  orders  from  668  398 

Must  file  bond  for  performance  of  duty 917  48^  '‘•85 

CITY  ATTORNEY. 

Laws. 

Appointment,  bond,  salary,  duty  of 60  136-137 

Fees,  deputy  and  assistants 60  136-137 

Reports  to  Mayor  60  136-137 

Is  head  of  department  of  law 60  136-137 

Ordinances. 

Accidents  reported  to  by  police  in  certain  cases — 851  462 

Brings  suit  to  condemn  real  estate  893  473  474 

Conducts  trials  of  officials  before  Council  903  479 

Prosecutes  violations  of  nuisance  ordinance  765  432 

CITY  TREASURER. 

Laws. 

Shall  deliver  to  Sheriff  precepts  for  collection  of 

sewer,  drain  or  other  assessments  116  172-1 '^3 

Office  of,  abolished  in  certain  cities  Ill  ‘ 170 

County  Treasurer  to  be  city  treasurer  Ill  170 

To  settle  with  City  Clerk 113  171 

Pay  money  over  to  County  Treasurer  113  171 


INDEX  TO  LAW  AND  ORDINANCES. 


53 


CITY  TREASURER— Continued.  Section.  Pase. 

Settlement  of 114  171-172 

Duplicate  delivered  by,  to  County  Treasurer  114  171-172 

Settlement,  how  made  114  171-172 

CITIES  AND  TOWNS. 

Laws. 

Qualifications  for  office,  in  139  183 

Qualifications  of  voters  140  183 

Wards  and  precincts,  how  divided  for  election  pur- 
poses   141  184 

Prisons,  may  be  erected  in 142  184 

Security  for  arms  given  by,  to  Governor  143  185 

Distribution  of  arms  to,  by  Governor  144  185 

May  compel  placing  of  shade  trees  145  185-186 

Funding  bonds  may  issue,  in  less  than  16,000  popu- 
lation   146  186 

Sinking  fund  for  payment  of  bonds,  how  created.  147  186-187 

Refunding  bonds,  may  issue  (Acts,  1893)  ..  148  187 

May  levy  tax  to  pay  interest  and  principal  (Acts 

1893)  152  189 

Notice  by,  how  may  be  given 153  189 

Cities  of  49,000  population 1 99 

Subject  to  liabilities  heretofore  incurred  1 99 

Ordinances,  inconsistent  abolished  1 99 

Elective  officers  of,  what  shall  be,  term  of  office..  2 99-100 

Election  in,  wnen  held 2 99-100 

Duty  of  City  Clerk  in  elections 2 99-100 

Special  elections  governed  by  same  provision  2 99-100 

Need  not  aver  corporate  organization  in  suits  ...  47  1£'6 

Interest  coupons  received  in  payment  of  what....  150  188 

CLINTON  STREET. 

Kind  of  poles  to  be  used  on,  by  Fort  Wayne  Street 

Railway  Company  376  276 

Franchise  on,  to  Fort  Wayne  Street  Railway 

Company  (5Vr  Lezvis  street,  i8go)  388  279 

COAL  HOLE. 

Covered  with  iron  plate  888  472 

Owner  of  property  liable  for  defective,  when 889  472 

Who  liable  if  left  open 890  472-473 

Cover  not  to  be  removed  by  anyone  891  473 


538 


INDEX  TO  LAWS  AND  ORDINANCES. 


COAL  HOLE — Continued.  Section.  Pa^e. 

Owner  may  remove,  if  he  protects  opening  891  473 

Penalty  for  violation  of  ordinance 892  473 

CONDEMNATION  OF  REAL  ESTATE. 

Laws. 

Opening  and  vacating  streets 67  142-143 

Notice  of,  in  daily  newspaper,  hearing  67  142-143 

List  of  persons  affected  by 68  143 

Property  described  68  143 

Damages  and  benefits,  notice  of  assessments  69  143-144 

Non-residents  69  143-144 

Remonstrances  67  143-144 

Minors  and  persons  of  unsound  mind  70  144 

Defect  in  proceedings  70  144 

Remonstrance,  may  appeal  to  Circuit  or  Superior 

Court  71  144-145 

Appeal,  how  taken,  bow  tried  72  145 

No  further  appeal  allowed  72  145 

Assessments  shall  be  liens  on  property  73  145 

Treasurer’s  duties  73  145 

Assessments,  when  due  74  146 

Foreclosure,  demand,  notice 74  146 

City’s  portion  of  damages,  limits  of  portion  75  146 

Surplus  to  go  to  city 75  146 

Damages,  how  paid  76  146-147 

Question  of  title  76  146-147 

Appeal  does  not  stay  proceedings 76  146-147 

Ordinances. 

Damages,  how  paid  893  473-474 

Abstract  of  title  required 893  473-474 

City  Attorney,  to  bring  suit 893  473-474 

CONGREGATING. 

In  doorways  and  stairways,  prohibited  511  362' 

Collecting  persons  by  false  alarm,  prohibited  519  363 

CONFIDENCE  MEN. 

Unlawful  to  be  found  in  certain  places  553  367 

Elbowing  through  crowds,  unlawful  553  367 

COLERICK  STREET. 

From  Hanna  street  to  city  limits,  formerly  Tenth 

street  930  490-492 


INDEX  TO  LAWS  AND  ORDINANCES.  539 

Section.  Pa^e. 


COLERICK  STREET. 

Name  of,  changed  to  Dawson  street  930  490-492 

COLUMBIA  STREET  AND  COLUMBIA  AVENUE. 

Franchise  on,  for  street  railway  to  R.  T.  McDonald  355  268 

Right  of  way,  who  has,  penalty 356  269 

Grade  of  track,  pavement,  extent  of,  repair 357  269-270 

Rails,  kind,  how  laid 358  270 

Condition  of  repairs,  notice,  failure  to,  penalty 359  270 

Speed,  regulation  of,  kind  of  power,  when  cars  to 

run  360  270 

Excavation  by  city  361  271 

Relaying  track,  duty  as  to 362  271 

City  indemnified  363  271 

Removal  of  earth,  where  placed 364  271 

Cuts  and  fills,  extent  of 365  271-272 

Fare  and  transfers  366  272 

Side  tracks  and  switches 367  272 

Grade  to  be  changed  if  necessary,  by  whom  368  272-273 

Poles,  height  of 369  273 

Subject  to  police  regulations 370  273 

City  to  use  poles  for  fire  or  police  lines  371  273 

Poles,  where  placed 372  273-274 

Tracks,  where  placed  372  273-274 

Bond,  for  faithful  performance 373  274 

COUNTY  AUDITOR. 

Laws. 

Salary,  how  paid  133  180 

Makes  delinquent  list  of  lots  in  city  129  178-179 

What  included  in  delinquent  list  of  city  and  school 

taxes  126  177-178 

To  extend  levy  received  from  Comptroller  on  tax 

duplicate  120  174-175 

Duty  to  give  to  Comptroller  valuation  of  taxable 

property  118  173-174 

Ordinances. 

Authorized  to  refund  city  taxes,  when  900  478-479 

Statement  by,  of  city  taxes,  when 900  478-479 

Must  file  bond  for  performance  of  duty  917  484-485 

Certifies,  taxes,  refunder  and  overcharges  to  Comp- 
troller, when 900  478-479 


540 


INDEX  TO  LAWS  AND  OKDINANCES. 


Section. 


Page 


COMMON  COUNCIL. 

Laws. 

Powers  conferred  on  by  act 


First  regular  meeting,  sessions 

Special  meetings,  quorum,  two-thirds 


vote,  what 


Mayor  shall  preside  over,  officers  pro  tern.,  when.. 


May  pass  by-laws  and  ordinances  protecting 
trees  


shade 


Shall  add  annually  sufficient  levy  to  pay  bonds  and 

interest 147,  149, 

Authorized  to  build  water  works 

Shall  levy  tax  for  city  purposes,  amount  of  levy  29 
Power  to  investigate  all  departments  and  officers, 
etc 


Written  charges  against  any  officer,  etc.,  two-thirds 

vote  to  impeach 

Shall  have  power  to  borrow  money  

May  authorize  temporary  loans,  limit  of 30, 

May  authorize  issue  and  sale  of  refunding  bonds.. 
Failing  to  make  tax  levy,  former  levy  continued .... 


Ordinances. 


Fines,  orders  paid  to  Home  for  Friendless 


3 

100-101 

9 

103 

13 

103-104 

14 

104 

14 

104 

15 

104 

16 

104 

17 

104 

18 

104-105 

180 

203-204 

141 

184 

145 

185-186 

145 

185-186 

151 

186-188 

147 

186-187 

152 

186-187-188- 

225 

225-226 

■119 

117-118- 

27 

116-117 

27 

116-117 

27 

116-117 

28 

117 

30 

118 

32 

118-119 

31 

118 

36 

119 

37 

120 

40 

122 

18 

104-105 

180 

203-204 

,176 

202 

INDEX  TO  LAWvS  AND  OKDINANCES. 


541 


COMMON  COUNCIL— Continued.  Section. 

Grants  permits  and  franchises  to  erect  poles  and 

wires  585 

Charges  against  members  of,  to  be  in  writing,  etc.  . 901  . 

Fixes  time  of  trial  of  officials 902 

Requires  two-thirds  vote  of,  to  convict  905 

May  refuse  to  issue  liquor  license,  in  what  cases. . . 501 
School  Trustees,  report  to,  whom 964,  967 


May  order  special  reports  from  School  Trustees.. . . 964 

COUNCILMEN. 

Laws. 

Elected  when,  term  of  office 2 

Shall  not  purchase  bonds,  etc.,  gifts  to  8 

Shall  not  have  interest  in  city  contracts  7 

Members  of  from  each  ward 11 

Must  be  a resident  and  voter  in  ward  selected  from.  12 
Salary  of  23 

COMPTROLLER. 

Laws. 

Makes  sale  of  bonds  and  deliver  to  City  Treasurer 


(See)  59 

When  performs  duty  of  Mayor 44 

May  require  officers  of  departments  to  make  re- 
ports   54 

Shall  submit  estimate  of  expenses  other  than  for 

departments  55 

Shall  be  at  head  of  finance  department  and  have  a 

seal  58 

May  appoint  a deputy,  responsible  for  his  acts.  ...  58 

Comptroller  and  deputy  may  administer  aths 58 

Duty  as  to  accounts  of  departments  59 

Shall  not  suffer  appropriations  to  be  overdrawn  . . 59 

Duties  of  in  contracts  of  sprinkling  and  sweeping. . 95 

Bond  of  County  Treasurer  filed  with  112 

Certify  tax  levy  to  Auditor 120 

Issues  all  orders  on  City  Treasurer ■ 59 

Expenditures  of,  to  be  approved  by  Mayor  59 

Illegal  warrants,  liability  for  payment  of 59 

Duty  to  sell  bonds,  and  keep  register  thereof  and 

manage  finances  59 


Page. 


377-378 

479 

479 

480 
359 

505-506-507 

505-506 


99-100 

102-103 

102 

103 

103 

106-115 


134 

123 

130- 131 

131- 132 

133 

133 

133 

133-136 

133-136 

163-164 

170-171 

174-175 

133-136 

133-136 

133-136 


133-136 


542 


INDEX  TO  LAWS  AND  ORDINANCES. 


COMPTROLLER— Continued.  Section. 

To  issue  all  city  licenses  59 

Shall  pay  all  money  into  the  treasury 59 

Accounts,  shall  prescribe  methods  of  keeping  them.  59 

Revenues,  oversees  collection  of 59 

To  see  that  tax  duplicates  are  properly  made  out. . 59 

To  make:  settlement  with  the  Treasurer 59 

To  draw  all  orders  on  the  Treasurer  59 

Drawing  orders  without  appropriation,  illegal 59 

To  invest  prepaid  street  assessments  85 

Salary  of  58 


Ordinances. 

Shall  keep  register  of  all  permits  for  junk  shops 


and  second  hand  stores  580 

Grants  license  to  erect  poles 703 

May  compel  companies  and  individuals  in  certain 

cases  to  bring  their  books  for  examination  709 

Issues  licenses  for  shows,  theatrical  performances.  719 
Shooting  galleries,  lifting  and  striking  machines, 

etc  718 

Keeps  record  of  all  licenses  issued 728 

Issues  license  to  sell  oil,  coal  oil,  gasoline,  etc.  . . . 687 

Issues  license  to  peddlers  and  hawkers  690 

Issues  license  to  tap  sewers  and  drains  670 

Must  keep  record  of  license  issued  to  tap  sewers. . . 670 

License,  issues  to  persons  to  flush  sewers  677 

License,  issues  to  run  bankrupt  store  699 

License,  issues  to  cigarette  dealers  563 

License  to  plumbers  and  gas  litters  684 

License  issued  to  persons  carrying  on  distillery, 

slaughtering  establishment,  tannery,  etc  756 

Issues  license  to  use  streets  and  alleys  for  pipe 

lines  711 

Statement  of  location,  character,  etc.,  of  pipe  and 

pipe  lines,  filed  with  712 

Bond  to  file  for  performance  of  ( uty  917 

County  Auditor,  certifies  taxes  refunded  and  over- 
charges to  900 

Issues  license  to  sell  milk  733 

Countersigns  all  licenses  issued  to  sell  liquors....  502 
To  certify  tax  levy  to  Auditor 900 


Page. 

133-136 

133-136 

133-136 

133-136 

133-136 

133-136 

133-136 

133-136 

153-159 

133 


376 

412 

716 

416 

416 

419 

405 

406 

398-399 

398-399 

401 

410-411 

371 

404 

430-431 

414 

414 

484-485 

478-479 

421 

359-360 

478-479 


INDEX  TO  LAWS  AND  ORDINANCES. 


543 


Section.  Page. 

COUNTY  TREASURER. 

Laws. 

To  settle  with  Auditor  for  city  and  school  taxes..  124  176-177 

Liability  of  124  176-177 

Payment  to  school  board,  qnietus 125  177 

Settlement  of  delinquent  school  and  city  taxes, 

when  makes 127  178 

Must  collect  delinquent  and  city  taxes  122  175-176 

Notice  of  receipt  of  tax  duplicate,  what  to  con- 
tain   121  175 

Must  collect  city  taxes,  delinquent,  penalty  130  179 

Power  to  collect  taxes  by  levy  and  sale 123  176 

To  be  city  treasurer  in  certain  cases  112,  127  170-171-178 

Salary,  how  paid 133  180 

Pays  delinquent  school  taxes  to  Board  of  School 

Trustees  128  178 

Bond  filed  with  Comptroller 112  170-171 

Collects  special  taxes,  licenses,  etc  115  172 

Must  give  notice 121  175 

COUNTY  JAIL. 

Laws. 

May  be  used  as  a city  prison,  wl  en  142  184 

CRIMES. 

When  cannot  be  made  punishable  by  ordinance  . . . 181  204 

CRYING  ALOUD  ON  STREET,  ADVERTISING  GOODS. 

Cannot  cry  aloud,  or  carry  signs  or  banners 575  375 

Violation  of  ordinance,  penalty 576  375 

CREIGHTON  AVENUE,  STREET  RAILWAY  FRANCHISE. 

(See  Broadzi'ay  Franchise)  304  252-253 

(See  Wallace  Street  Franchise  for  East  Creighton  avc-)  • 319  257-258 

First  franchise  on,  to  Citizens’  Company  (See  Citi- 

::ens’  Street  Raihcay  Company) 249  237 

CRESCENT  AVENUE. 

Name  of,  changed  to  Meyer  ave-  ue  930  490-492 

CURFEW. 

Children  under  certain  age,  prohibited  on  streets 

after  certain  hours  590  379-380 

Parent  or  guardian  permitting,  unlawful  591  380 


544 


INDEX  TO  LAWS  AND  ORDINANCES. 


CURFEW — Continued.  Section.  Page. 

Duty  of  police  to  arrest,  parents  notified  592  380 

Duty  of  Mayor  to  investigate 598  380-381 

Violation  of  ordinance,  penalty 594  381 


J> 

DAIRIES. 

Laws. 


May  license,  tax,  regulate  or  prohibit,  etc 23  106  11 5 

DAWSON  STREET. 

From  Hoagland  avenue  to  Fairfield  avenue,  for- 
merly Colerick  street 930  490-492 

DEFACING 

Or  tearing  down  printed  matter,  prohibited  520  363 

DEAD  ANIMALS. 

Unlawful  to  haul  over  street  unless  covered 770  434 

Penalty  for  violation  of  ordinance 770  434 

DEPARTMENT  OF  LAW. 

Laws. 

City  Attorney  (,ycr)  60  136-137 

Head  60  136-137 

Ordinances. 

City  Attorney  60  136-137 


DEPARTMENT  OF  PUBLIC  WORKS. 

(See  Board  of  Public  U^orks) 

Ordinances. 

(See  Board  of  Public  U'orks) 

DEPARTMENTS. 

Laws. 


Execution  established,  what  are 53  129-130 

Offices  not  provided  for,  how  appointed  53  129-130 

Rules,  information  furnished  to  Mayor  and  Council.  53  129-130 

Mayor  appoints  heads  of  departments  53  129  130 

Officers  theieof,  clerk,  removal  of 53  129-130 

May  appoint  additional  clerks,  if  necessary  53  129-130 

Official  bonds  of  53  129-130 

Heads  of,  qualifications,  fees  and  perquisites  54  130-131 


INDEX  TO  LAWS  AND  ORDINANCES.  545 

DEPARTMENTS — Continued.  Section.  Page. 

All  fees  belong  to  city 54  130-131 

Must  make  report  of  all  moneys  under  oath  ....  54  130-131 

Comptroller,  power  of  54  130-131 

Duty  of  executive  department,  furnish  estimates...  55  131-132 

Appropriations  for,  made  by  comittee  on  finance  55  131-132 

Additional  appropriations  for,  may  be  made  55  131-132 

No  officer  can  bind  city  in  a contract  beyond  limit.  56  132 

Comptroller  shall  submit  estimate  of  expenses  of.  . 55  131-132 

DEPARTMENT  OF  ASSESSMENTS  AND  COLLECTIONS. 

Laws. 

City  Treasurer’s  office  abolished,  in  what  cities...  Ill  170 

County  Treasurer  to  be  city  treasurer,  bond,  etc.  Ill  170 

City  Treasurer  to  settle  with  City  Clerk  113  171 

City  Treasurer  to  pay  money  over  to  County  Treas- 
urer   113  171 

Settlement  of  City  Clerk  and  Treasurer  114  171-172 

Duplicate  delivered  by  City  Treasurer  to  County 

Treasurer  114  171-172 

County  Treasurer,  City  Treasurer,  settlement  114  171-172 

DISTURBING  PUBLIC  PEACE. 

Unlawful  to  make  noise,  etc 507,  508  361 

Police  empowered  to  arrest 508  361 

DISANNEXATION  OF  TERRITORY. 

Laws. 

Effect  of,  as  to  prior  indebtedness  of  city.  40  122 

How  made  40  122 

Ordinance  for  40  122 

DISINFECTING. 

Persons  shall  disinfect  on  order  of  Board  of  Health.  775  437 

Duty  of  physician  to  disinfect,  when  776  437 

Removal  of  unwholesome  substances  from  houses.  774  436 

Owner  or  occupant  to  disinfect  house 775  437 

Vessels  in  sick  room  disinfected 776  437 

Police  officers  to  inspect  and  enforce  ordinance 777  437 

Board  of  Health  and  police  officers,  right  to  enter 

houses,  when  778  437 


546 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

DISPENSARIES. 

Laws. 

May  be  regulated  by  ordinance 23  106-115 

DOORS. 

Ingress  or  exit  doors  at  public  halls  606  383 

Not  to  be  fastened  or  locked  during  any  show  or 

entertainment  606  383 

DOGS. 

Laws. 

May  license,  tax  and  regulate  keeping  of 23  106-115 

Ordinances. 

Tax  imposed  950  • 501-502 

Assessor  to  assess  and  collect 951  502 

Assessor  to  give  receipt 952  502-503 

Contents  of  receipt  952  502-503 

Assessor  to  keep  a record 952  502-503 

Settles  with  Comptroller 952  502-503 

Compensation 952  502-503 

Female  dog,  unlawful  to  run  at  large,  when 954  503 

Barking  dog  955  503 

Dogs  to  be  confined,  when 956  503 

Vicious  dog 957  503-504 

Vicious  dogs  killed  958  504 

Owner  of  dog  fined,  when 959  504 

Enticing  dog  away  from  owner 960  504 

Unlawful  to  poison  dog 961  505 

Penalty  962  505 

Repealed  963  505 

Vicious  dog  running  at  large 953  503 

DRINKING  FOUNTAINS. 

Watering  diseased  horses  at,  forbidden  615  385 

May  be  erected,  where 824  455 

DRAINAGE. 

Laws. 

May  provide  by  ordinance,  on  what  terms  real  es- 
tate may  be  drained  or  sewered  23  106-115 

DURYEA  STREET. 

Name  of,  changed  to  Poplar  street 930  490-492 


INDEX  TO  LAWS  AND  ORDINANCES. 

12 


Section. 


EDSALL  STREET. 

Name  changed  to  Union  street 930 

EDUCATION. 

Laws. 

Compulsory  education  of  certain  children  212 

" Provision  as  to  graduates 212 

Proviso  as  to  children  incapacitated  212 

Truant  officers,  appointment  and  duties  of  213 

Penalty  for  violation  of  law 213 

Cities  and  towns,  duties  of  Superintendent  in 214 

Pay  of  truant  officers 215 

Truant  officer,  time  of  service 215 

Report  by  school  officers 215 

Indigent  children  216 

“Parental  home”  for  children 217 

Tax  levy  for  purposes  of  act 218 

Exemptions  219 

ELIZA  STREET. 

Name  of,  changed  to  Penn  street 926 

ELECTIONS. 

Laws. 

Places  of  holding  141 

Who  shall  constitute  board  of 141 

When  held  for  city  offices 2 

Duty  of  City  Clerk  in 2 

ELECTRIC  LIGHT  TOWERS. 

Unlawful  to  climb  or  hang  on 531 

ENGINES. 

Traction,  propelling  over  streets 573 

Tires  of,  must  be  smooth 573 

ENGINE  HOUSES. 

Laws. 

May  be  regulated  by  ordinance 23 

ESMOND  STREET. 


From  Calhoun  to  Lafayette,  formerly  Grace  street..  930 


547 


Page. 


490-492 


220-221 

220-221 

220-221 

221- 2  z2 
221-222 
222 
222 
222 
222 

222- 223 
223 

223 

224 

489-490 


184 

184 

99-100 

99-100 

365 


373-374 

373-374 


106-115 


490-492 


548 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 


EXECUTIVE.  OR  ADMINISTRATIVE  FUNCTIONS. 

Laws. 

Where  vested,  restriction 26  116 

In  whom  vested  41  122 

No  executive  department  can  bind  city  by  any 
contract  beyond  limit  of  money  appropriated, 
etc 56  132 


EXCAVATING  IN  STREETS  AND  ALLEYS. 

Persons  wishing  to,  must  have  permit 

Unless  a plumber  or  gas  fitter 

Application  made  to  Board  of  Works  . 

Bond  must  be  filed  

Extent  of  liability  on  bond 

Violation  of  ordinance,  penalty 

EXCAVATIONS. 

Filling  of  (See  Pouds)  

FACTORY  STREET. 

Franchise  on,  to  Port  Wayne  Electric  Light  Com- 


pany (Arc  Fort  JPayne  Electric  Light  Company)  ■ 347  266 

FAIRMOUNT  PLACE. 

From  Wells  street  west,  formerly  North  street 930  490-492 

FAIRFIELD  AVENUE. 

From  Brackenridge  to  Superior  street  formerly 

Griffith  street 930  490-492 

FENCES,  PARTITION. 

How  constructed  and  maintained,  penalty  23  106-115 

Refusal  to  build  or  repair,  notice 492  356-357 

Parties  may  agree  as  to  kind  of  fence  493  357 

Fence  already  erected  becoming  partition  fence  . . 494  357 

Erected  on  wrong  line,  removed 495  357 

FERGUSON  STREET. 

From  Shawnee  avenue  to  Miner  street,  formerly 

Anna  street  930  490-492 

FIRE  ENGINES. 

To  ]-egulate  and  protect  by  ordinance 23  106-115 


. ...  682  403 

870,  682  403-467 

683  403 

. ...  680  870 

870  467 

871  468 

787  441 


INDEX  TO  LAWS  AND  ORDINANCES. 


549 


Section. 

FIRE  ARMS. 

Minors,  unlawful  to  sell  or  give  to 565 

Penalty  for  violation  of  ordinance 566 

Discharge  of,  in  city,  unlawful 522 

FIRE  APPARATUS. 

Hanging  on  while  going  to  or  returning  from  fire, 

prohibited  526 

FIRE  PRECAUTION. 

Unlawful  to  connect  stove  pipe  with  any  chimney, 

unless  built  of  brick,  stone  or  iron  539  ' 

Hay,  straw,  or  other  combustibles  near  fire,  pro- 
hibited   540 

Unlawful  to  put  ashes  in  wooden  vessels,  etc 542 

FIREMEN. 

Unlawful  to  impersonate  541 

Laws. 

How  appointed,  removal,  what  for 100 

Conviction  of  members,  punishment  101 

FIRE  LIMITS. 

Territory  embraced  in  799 

Kind  of  buildings  permitted  in  sec)  800 

Repairing  buildings  in,  unlawful 800 

Duty  of  chief  engineer  and  Board  of  Works,  defined  800 

Violation  of  ordinances,  penalty 800 

House  erected  or  repaired  contrary  to  ordinance, 

may  be  torn  down  800 

Material  to  be  used  in  building  within  804 

Building,  how  constructed  within 804 

FIRE  ALARM  TELEGRAPH. 

Unlawful  to  give  false  alarms  by 608 

Making  keys  for  boxes  unlawful 609 

Unlawful  to  have  keys  in  possession,  who 610 

Refusal  to  give  up  keys,  unlawful 611,  612 

Disturbing  fire  alarm  or  police  wires,  unlawful  . . . 613 
Violation  of  ordinance,  penalty  614 

FIRE  CRACKER. 


Unlawful  to  explode,  without  permit  from  Mayor.  522 


Page. 


371 

371 

363 


364 


365 

365-366 

366 

366 

166 

166 


446 

446-447 

446-447 

446-447 

446-447 

446-447 

449-450 

449-450 


384 

384 

384 

384-385 

385 
385 


363 


550 


INDEX  TO  LAW.S  AND  ORDINANCES. 


i Section.  Page. 

FIRE  DEPARTMENT. 

Chief  of,  may  enter  houses,  when 802  448-449 

Persons  obstructing,  unlawful 805  450 

Street  cars  obstructing,  unlawful 806  451 

Chief  of,  to  prescribe  fire  limits  at  fire  797  445 

To  investigate  cause  of  fire,  report  798  445-446 

People  present  at  fire,  subject  to  orders  of  798  445-446 

Unlawful  to  drive  over  fire  hose  of 801  448 

Unlawful  to  destroy  any  fire  apparatus,  penalty....  807  451 

Right  of  way,  on  streets  807  451 

FIRE. 

False  alarm  to  give,  unlawful  608  384 

Limits  of,  prescribed  by  chief  of  department  747  427 

People  present  at,  subject  to  orders  of  depart- 
ment   798  445-446 

Penalty  for  disobeying  orders 797  445 

Hose,  unlawful  to  drive  over,  penalty  801  448 

Unlawful  to  use  street  sprinklers  or  plugs,  during..  618  386 

FINES. 

Laws. 

Collected  by  Mayor,  payable  to  whom  45  123-126 

Council  orders  paid  to  the  Home  for  Friendless 

Women,  when  175-176  202 

Home  of  Friendless  Women,  when  entitled  to...  .175-176  202 

FIREMEN’S  PENSION  FUND. 

Laws. 

Board  of  Trustees  of,  established 154  189-190 

Limited  to  cities  of  30,000  population  154  189-190 

May  apply  to  other  cities  154  189-190 

Number  of  trustees  155  190-191 

Mayor  and  Chief  Fire  Engineer  to  be  members  of 

Board  155  190-191 

Board,  how  constituted,  powers  and  duties 155  190-191 

Oath  of,  continuous  succession 155  190-191 

Fire  company  defined 156  191 

Selection  of  trustees,  how  made 157  191-193 

Nominating  convention,  delegates  to  same 157  191-193 

Reporting  nominees,  election 157  191-193 

Terms  of  first  trustees  157  191-193 


INDEX  TO  LAWS  AND  ORDINANCES.  561 

i Section.  Page. 


FIREMEN’S  PENSION  FUND — Continued. 

Canvassing:  the  vote,  certifying  same  157  191-193 

Mayor  issues  certificates  of  election  157  191-193 

Tie  vote,  how  decided 157  191-193 

Election  day,  term  of  trustee 158  193 

President  of  Board,  who 159  193-194 

Secretary,  term,  duties  of,  rules 159  193-194 

Pension  fund,  may  take  gifts  and  bequests  160  194-195 

Fees  and  rewards 160  194-195 

Percentage  of  salary  of  firemen 160  194-195 

Deduction  by  Treasurer  given  salary 160  194-195 

A tax  on  all  city  property 160  194-195 

Investing  funds  for  revenue  purposes  161  195-19V 

Revenue  must  be  invested  in  bonds 161  195-195 

Borrowing  money  from  Treasurer  for  investment...  161  195-196 

Report  of  Treasurer 161  195-196 

Bond  of  President  161  195-195 

Report  of  Board  161  195-196 

Disabled  firemen  may  be  retired  and  pensioned 162  196-197 

Widow  and  children  of  firemen 162  198-197 

Father  and  mother  may  be  pensioned  162  196-197 

Widow  re-marrying  162  196-197 

Brother  and  sisters  may  be  pensioned,  when 162  196-197 

Pension,  when  pro  rated  163  197 

Pension,  rate  of  164  197-198 

Disabled  firemen  164  197-198 

Widow  and  children  164  197-198 

Twenty-five  years’  service,  retirement,  rate 164  197-198 

Dependents  of  retired  members 164  197-198 

Father,  mother,  brothers  and  sisters,  rate  to  164  197-199 

Discharged  firemen  may  be  pensioned,  also  their 

dependents  164  197-198 

Pensions  under  former  laws,  continued  165  198 

Retired  members  may  be  examined  166  198-199 

Notice  to  retired  firemen,  hearing,  payment  . . 166,  167  198-199 

Pension  money  not  subject  to  execution  168  199-200 

Custodian  of  fund  169  200 

Separate  account  required  169  200 

Repealing  act  of  1891,  saving  clause  170  200 

FIRE  ESCAPES. 

Laws. 

May  compel  erecting,  by  ordinance  23  10^-115 

Index — 3 


562 


[NDEX  TO  TA.WS  AND  ORDINANCES. 


Section.  Page. 

FINANCE. 

Laws. 

Duty  to  fix  rate  of  taxation  by  ordinance  55  131-132 

Additional  appropriations  may  be  made  55  131-132 

City  Comptroller  shall  be  at  head  of,  and  have  a 
seal  58  13^ 

FISHER  STREET. 

From  Holton  avenue  to  Winter  street,  formerly  Jen- 

nison  street  921  487-'^88 

FLAGMEN. 

Laws. 

May  require  railroad  to  keep 23  106-315 

FLAGS. 

Laws. 

May  prevent  flying  of  on  streets,  by  ordinance 23  106-13  5 

FORT  WAYNE  DISTRICT  TELEGRAPH  COMPANY. 

Ordinance  ratifying  contract  of 455  339 

Contract  of  same  455  339 

Poles  and  wires  maintained 455  339 

Purpose  of  the  company  455  340 

Free  telephones  in  certain  cases 455  340 

Rate  authorized  to  be  changed. 455  340 

Rate  to  city  officials.... 455  340 

Rules  governing  in  case  of  sale  of  franchise  455  341 

Combinations  prohibited  455  341 

Bond  required 455  341 

Work  to  begin  when  455  341 

FORT  WAYNE  GAS  COMPANY. 

Ordinance  to  charge  former  rates 449,  335  263 

Agreement  of  company 449,  336  263 

To  dig  new  wells,  erect  pumping  station,  etc.. . 449,  336  263 

Extension  of  time 449,  336  263 

Amount  of  money  to  be  invested 450,  337  263-264 

To  furnish  sufficient  amount  of  gas  451,  337  263-264 

Rebate  for  shortage,  blanks 451,  337  263-264 

Company  not  released  from  former  duties 452,  338  264 

Bond  for  faithful  performance 453,  338  264 


INDEX  TO  LAWS  AND  ORDINANCES. 


563 


Section.  Page. 


FORT  WAYNE  ELECTRIC  LIGHT  COMPANY. 

Permit  to  operate  street  railway  on  Factory  street.  347  266 

Elctric  power  to  be  used 348  266 

Grade  of  track,  what  to  be 349  266-267 

Repairs,  how  made  and  kept 350  267 

Pavement  to  he  made  by  company,  extent  of 351  267 

City  indemnified  by  bond 352  267-268 

Forfeiture  354  268 

Bond  for  faithful  performance 354  268 

FORT  WAYNE  STREET  RAILWAY  COMPANY. 

Electric  system  substituted  for  animal  374  274 

Trolleys,  poles,  height  of,  and  conditions  375  275 

Iron  poles,  where,  and  where  set 376  276 

Condition  of  franchise  377  276 

Underground  conduits 378  276 

Workmanship  379  276 

Guards  and  red  lights  380  276 

Cars,  kind  of 381  276-277 

Indemnity  to  city,  bond  382  277 

Time,  when  work  to  begin 383  277 

Permit  to  lay  double  tracks  on  certain  streets 385  278 

Pavements,  material,  maintaining 386  278-279 

Franchise  on  West  Main  street  from  Broadway  to 

city  limits  (See  Main  street) 332  261-262 

FOX  AVENUE. 

From  Home  avenue  to  Taylor  street,  formerly  Fox 

street  and  Shawnee  avenue 930  490-492 

FOX  STREET. 

Name  changed  to  Fox  avenue  930  490-492 

FUNERAL. 

Unlawful  to  break  into  procession,  driving  547  366 


Unlawful  to  break  into  procesison  by  locomotive...  647  392 


GASOLINE. 

License  required  to  sell 687  405 

Fee  for  license  688  405 

Time  of  license  688  405 

Seller  to  use  drip  pan  688  405 

Penalty  for  violating  ordinance 689  405 


5b4 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

FORT  WAYNE  & SOUTHWESTERN  TRACTION  COMPANY. 

Contract  of  city,  Wm.  S.  Reed  et  al  430i/^B  308-309 

Extent  of  authority  vested  in  contract  4304^B  308-309 

Streets  authorized  to  be  used 430i/^B  308-309 

Switches  and  curves  authorized,  where  430 B 308-309 

Conditions  430i^B  308-309 

Fares  authorized  to  be  charged 4304^C  309-310 

Conductors,  duties  of 430%C  309-310 

Depot,  where  built 430i/^D  310 

Overhead  system  for  propelling  cars,  to  be  used...  430i/^E  310-311 

Board  of  Safety,  authority,  duties  of  in  connection 

with  motor  power  430i/^E  310-311 

Streets  to  pave,  extent  of 4304^P  311-312 

Street  to  repair,  when 430 311-312 

Bridges,  extent  of  repairs  to  be  made  4304^F  311-312 

Costs  of  repairs  of  streets,  when  made  by  city  how 

collected  4301/2F  311-312 

Emergency  fund  430i/^F  311-312 

Fund,  how  expended  430i/^F  311-312 

Passenger  service,  kind 430i/^G  312 

Motive  power,  kind 430i/^H  312-313 

Cars,  decorations  4304^H  312-313 

Cars,  purposes  for  which  used 430i/^H  312-313 

Rails,  kind  to  be  used 430%H  312-313 

Cars,  how  frequently  run 430%H  312-313 

Tracks,  authorized  to  be  used  by  other  parties, 

when  4304^1  313-316 

Franchise  tax,  not  included  in  maintenance  fund..  . 4301^1  313-316 

Persons  using  tracks,  compensation,  when  paid  ....  4301^1  313-316 

If  compensation  cannot  be  agreed,  how  determined.  4304^1  313-316 

Default  of  payment,  penalty 430i/^I  313-316 

Removal  of  tracks  can  be  required  by  city 430i/^I  313-316 

Cost  of,  how  paid  4304^1  313-316 

Distance  between  rails  of  tracks 430i/^J  316-317 

Poles,  kind  required  430i/^J  316-317 

Failure  to  repair  street,  upon  notice,  penalty 430i/^J  316-317 

Compensation  to  city  43014K  317 

To  build  an  interurban  line  from  Fort  Wayne  to 

Huntington  430%L  317-318 

Failure  to,  penalty  4304^L  317-318 

City  protected  against  liability,  how  430i^M  318 


INDEX  TO  LAWS  AND  ORDINANCES. 


565 


FORT  WAYNE  & SOUTHWESTERN  TRACTION  COMPANY 

• Section. 


Suits  against  city,  who  defends 430i/^M 

Poles  and  wires,  where  and  how  erected  and  main- 
tained   4301/^N 

Tracks  laid  with  grade  of  street 430 

Failure  to  relay  tracks  by  grantees,  authority  of  the 

of  Board  of  Works 4301/2N 

Regulation  of  cars,  how 430i/^O 

Violation  of  conditions  of  franchise,  penalty  4301/40 

Grantees  not  to  impede  public  improvement  4301/40 

Term  of  franchise  430 14 P 

To  vacate  streets  at  end  of  term 4301/4P 

Bond  of  grantee  4301/4Q 

Bond,  when  renewed 4301/4Q 

Failure  to  renew,  penalty 4301/4Q 

Cars,  kind  4301/4Q 

Concrete,  where  and  how  used  under  track 4301/4Q 

Time  within  which  road  to  be  completed  4301/4R 

Rights  reserved  by  city 4301/4S 

Extra  cars  to  be  run,  when  and  where 4301/4S 

Transfer  tickets  required 4301/4S 

Ordinance  approving  contract 43014T 


G 

GAS  FITTERS,  WATER  PIPE  FITTERS. 

Must  procure  license,  bond 23,  106,  115 

Application  for  license,  bond 683 

Permit  to  open  streets,  guard  excavations  683 

Extent  of  liability  on  bond 683 

Comptroller  to  issue  license 684 

Term  of  license 685 

Violation  of  ordinance,  penalty 686 

GAME,  TRICK  OR  DEVICE. 

Unlawful  to  defraud  anyone  by 506 

GAS  LINES  AND  PIPES. 

Laws. 

To  authorize  and  require  inspection,  by  ordinance.  . 23 

Ordinances. 

License  required  to  lay  on  streets  and  alleys 


-Continued. 

Page. 

318 

318-320 

318-320 

318-320 

320-321 

320-321 

320- 321 
321 

321 

321- 322 
321-322 
321-322 
321-322 
321-322 

322 

323 
323 
323 
325 


682 

403-404 

403-404 

403-404 

404 

404 

404 

361 


106-115 


711 


414 


566 


INDEX  TO  LAWS  AND  ORDINANCES. 


GAS  LINES  AND  PI PES— Continued.  Section.  Page. 

Statement  of  location  of,  filed  when  and  with 

whom 712  414 

Chart  of  limit  to  be  filed  with  statement  713  414 

Application  for  license,  when 714  414-415 

License  fee  715  415 

Comptroller  may  compel  officers  to  produce  books..  716  415 

Violation  of  ordinance,  penalty 717  415 

GAS,  NATURAL. 

Laws. 

* 

May  license,  tax  and  regulate  use  of  by  ordinance.  23  106-115 

Ordinances. 

Meter  rates,  when  paid 444,  334  262-263 

Annual  charge  445,  334  262-263 

Setting  meter,  no  charge 446,  334  262-263 

Violation  of  ordinance,  penalty 447,  334  262-263 

Contract  continuing  old  rates 449,  336  263 

Franchise  to  Salimonia  Mining  <6;  Gas  Co 431,  325  260 

GARBAGE. 

Laws. 

Board  of  Public  Works  to  remove 23  106-115 

Ordinance  for  removal  23  106-115 

Placing  in  receptacles,  may  be  required  by  ordi- 
nance   23  106-115 

Ordinances. 

Collecting  of,  conveyance  to  crematory  771  435 

Unlawful  to  place  on  lots,  streets  or  alleys  772  435-436 

To  be  placed  in  wooden  boxes 772  435-436 

Tin  cans  and  broken  dishes  in  separate  boxes 772  435-436 

Violation  of  ordinance,  penalty 773  436 

GAMBLING. 

Laws. 

Suppression  of  by  police  23  106-115 

May  suppress  by  ordinance 107  169 

GAMING  DEVICES. 

Laws. 

Power  of  police  to  destroy 23  106-115 

Device,  destruction  of,  may  be  authorized  by  ordi- 
nance   23  106-115 


IXDKX  TO  LAWS  AND  ORDINANCES. 

GEORGIA  AVENUE.  Section. 


From  Cleveland  street  to  city  limits,  formerly  Park 

avenue  ..  930 

GRASS  PLATS. 

Unlawful  to  injure 530 

GRAND  STREET. 

Name  of,  changed  to  Thayer  street  930 

GRIFFITH  STREET. 

Name  changed  to  Fairfield  avenue 930 

GRANT  AVENUE. 

From  Pioneer  avenue  to  New  Haven  road,  formerly 

Alliger  street  926 

GRACE  STREET. 

Name  of,  changed  to  Esmond  street  930 

GYPSIES. 

Unlawful  to  camp  in  city 554 


n 

HARRISON  STREET  MARKET. 

(Sec  Market). 

HAMILTON  STREET. 

Franchise  on,  to  Citizens’  Company  {Sec  Citizens' 

Street  Railway  Company)  919 

HAWKERS. 

{Sec  Peddlers  and  Hazvkers). 

HACKMEN. 

Laws. 

May  license,  regulate,  tax  by  ordinance  23 

HAMILTON  STREET. 

Name  of,  changed  to  Wallace  street  919 

HAND  BILLS. 

Laws. 

May  regulate  and  prohibit  placing  of  in  streets  by 


ordinance  23 

Ordinances. 

Throwing  on  streets,  unlawful  510 


567 

Page, 

490-492 

364-365 

490-492 

490-492 

489- 490 

490- 492 
368 

487 

106-115 

487 

106-115 

361-362 


568 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

HEALTH,  PUBLIC. 

Laws. 

Regulations  for  promotion  of,  by  ordinance  23  106-115 

Ordinances. 

(vScr  Boai'd  of  Health). 

HOUSES. 

Laws. 

May  regulate  numbering  of,  by  ordinance  23  106-115 

Ordinances. 

Moving  over  streets  and  alleys 833  457 

Application  for  permit,  what  to  contain  834  457 

Bond  required  835  458 

Delay,  while  moving  prohibited 836  458 

Injured  streets  to  be  repaired 837  458 

Penalty  for  violating  ordinance 838  458 

Removal  of  unwholesome  substances  from  774  436-437 

Disinfecting  in  certain  cases 747  427 

Numbers,  where  placed,  width  of  lot  877  469-470 

Starting  point  of  numbering,  where  779  438 

Refusal  to  number,  penalty 779  438 

Engineer  to  divide  lots  into  spaces  880  470 

Engineer  to  keep  book  of  numbers  in  office 880  470 

Size  of  numbers  881  471 

HOUSES  OF  ILL  FAME. 

Laws, 

May  be  suppressed  23  106-115 

HOME  TELEPHONE  AND  TELEGRAPH  COMPANY. 

Contract  of,  approved  by  Council 456  342 

Rights  and  privileges  granted 458  343 

Poles  and  conduits 458  343 

Wires  underground  and  extent  of  territory  459  343 

Poles  where  located,  consent  of  Boards  of  Works  460  344 

Consent  of  Board  required  to  go  under  paved 

streets  461  344 

Board  to  designate  location  of  poles  462  344 

Board  to  designate  location  of  conduits  463  344 

Streets  and  alleys  disturbed  to  be  replaced  by 

company  463  344-345 


IXPKX  TO  LAWS  AND  OKDINANCES. 


569 


Section.  Page. 

HOME  TELEPHONE  AND  TELEGRAPH  COM  PAN  Y— Continued. 

Conduits  outside  certain  limits  to  be  built  for 

city  463  345 

City  to  pa-y  for  conduits,  when 466  346 

Monthly  and  annual  toll  rates,  how  much  467  346 

Charges  for  one  mile  limit 467  346-347 

Fire  telephones,  how  many  and  where  placed....  467  347 

Price  to  city  officials  468  347 

Wires  to  be  insulated  4 9 347 

City  to  use  top  cross  arms  on  poles  469  347-348 

Company  to  pay  percentage  of  earnings,  when  ..  470  348 

Examination  of  books  470  348 

Money  deposited  as  a guaranty 471  348 

Bond  to  indemnify  city  472  348-349 

Ptenewal  of  bond,  when  472  349 

Term  of  franchise  473  349 

Cables,  when  required  464  345 

Material  used,  approval,  kind  464  345 

Height  of  wires,  poles  painted 465  345 

City  duct  to  be  built  by  company 466  345 

HOLES. 

Filling  of  (see  ponds) 

HOME  FOR  FRIENDLESS  WOMEN. 

Laws. 

When  convicts  may  be  imprisoned  in  172  201 

Duties  of  Trustees  as  to  convicts 173  201 

Open  for  inspection  174  201-202 

Fines  collected  in  certain  cases,  to  be  paid 

to  175-176  202 

Forfeitures  in  certain  cases,  to  be  paid  to  177  202-203 

Account  of  fines  kept,  when  paid 178  203 

Detailed  statement  of  fines 178  203 

Paid  to  trustees  by  order  of  Council  178  203 

Repoit  of  trustees  of,  as  to  fines,  etc  179  203 

HOLIDAYS. 

:\Innicipal  office,  to  be  closed  on 915  483 

HOTELS. 

Laws. 

May  be  licensed,  taxed,  regulated  or  prohibited  ...  23  106-115 


570 


INDEX  TO  LAWS  AND  ORDINANCES 


Section.  Page. 

HOSPITALS. 

Laws. 

May  be  regulated  by  ordinance 23  106-115 

HURD  STREET. 

From  Gar  street  to  Walton  avenue,  formerly 

Thommssette  and  Julia  streets 921  487-488 

HUGH  STREET. 

Name  of,  changed  to  Alliger  street  926  489-490 

I 

IDA  AVENUE. 

Name  changed  to  Michigan  avenue  930  490-492 

IMPROVEMENTS. 

Laws. 

Dangerous,  bonds  for  erection 23  106-115 

Streets  (see)  

IMPRISONMENT. 

Laws. 

City  Council  may  provide  for,  for  violation  of  or- 

distances  25  115-116 

INDECENT  PLAYS. 

Unlawful  to  perform 513  362 

INTOXICATING  LIQUORS. 

Laws, 

See  liquors  

Ordinances. 

License,  required  to  sell,  fee 502  359-360 

Comptroller  to  issue  license 502  359-360 

Quantity,  may  sell  within  certain  limits  503  360 

Violation  of  ordinances,  penalty 504  360 

Council  may  refuse  to  issue  licenses  to  sell  in 

certain  cases  501  359 

Selling  on  Sunday,  prohibited 497  358 

INDEBTEDNESS. 

Laws. 

Limits  of  30  118 


INDEX  TO  LAWS  AND  ORDINANCES.  571 


Section.  Page. 

INTELLIGENCE  OFFICE. 

License  required  912  516 

How  issued  973  516-517 

Imposition  of  fraud  974  517 

Penalty  974  517 

INDIANA  AND  OHIO  TRACTION  COMPANY. 

Contract,  extent  of  authority  vested  in  company  . . 430B  293-295 

Streets  authorized  to  be  used 430B  293-295 

Switches  and  curves,  authorized  where  430B  293-295 

Fare  authorized  to  be  charged 430C  295 

Conductors,  duties  of  430C  295 

Depot,  where  built 430D  295 

Overhead  system  for  propelling  cars  to  he  used..  430E  295-296 

Board  of  Safety,  duties  of 430E  295-296 

Streets,  to  pave  or  repair,  extent  of  430F  296-297 

Repairs,  when  made  430F  296-297 

Bridges,  extent  of  repairs  to  be  made  430F  296-297 

Cost  of  repair  when  made  by  city,  how  collected  ..430F  2'96-397 

Emergency  fund  430F  293-297 

Passenger  service,  kind  430G  297 

Motive  power  430H  297-298 

Cars,  purposes  for  which  used 430H  297-298 

Rails,  kind  to  be  used  430H  297-298 

Cars,  how  frequently  run 430H  297-298 

Company  to  permit  use  of  tracks  by  other  com- 
panies, when 4301  298-300 

Compensation  for  use  by  other  companies  4301  298-300 

When  company  cannot  furnish  power,  proviso  ....  4301  298-300 

Tracks,  where  laid  4301  298-300 

Inside  width  of  rails  430J  300-301 

Failure  to  repair  track  or  street  upon  notice, 

penalty  430J  300-301 

Compensation  to  city  430K  301 

To  build  an  interurban  line,  Marion  to  Hicksville, 

Ohio  430L  301 

Rights  to  vest  in  streets,  when 430L  301 

City  protected  against  liability 430M  301 

Actions  against  city,  who  defends 430M  301 

Poles  and  wires,  where  and  how  erected  and 

maintained  430N  301-303 

Track  laid  with  grade  of  street 430N  301-303 


572 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section. 

INDIANA  AND  OHIO  TRACTION  COM  PAN  Y— Continued. 


Failure  to  relay  tracks  by  company,  power  of 

Board  of  Works  430N 

Regulations  of  cars,  how 4300 

Violation  of  conditions  of  franchise,  penalty  4300 

Company  not  to  impede  public  improvements  4300 

Term  of  franchise  430P 

To  vacate  streets  at  end  of  fifty  years  430P 

Bond  of  company  430Q 

Bond,  when  renewed  430Q 

Failure  to  renew,  penalty 430Q 

Cars,  kind  430Q 

Concrete,  where  and  how  used  under  track  430Q 

Time  within  which  road  is  to  be  com.pleted 430R  , 

City  reserves  special  rights 430S 

When  Indiana  & Ohio  Traction  company  takes  sec- 
ond place 430S 

Organization  committee  430S 

Approval  of  contract,  Indiana  & Ohio  Traction 

Co 430T 


.T 

JEFFERSON  STREET. 

Citizens  Street  Railway,  franchise  on,  to  Har- 


mer  street 263 

Citizens  ■ Street  Railway  franchise  from  Broadway, 

to  its  intersection  with  Garden  street  261 

JENNISON  STREET. 

Name  of,  changed  to  Fisher  street  921 

JOHN  STREET. 

Franchise  on,  to  Fort  Wayne  Street  Railway 

company,  (see  Wallace  street)  819 

JULIA  Street. 

Nam.e  changed  to  Hurd  street 921 

JUNK  SHOPS. 

Laws. 

May  license,  and  regulate  by  ordinance  23 


577 


Page. 


301-303 

303-304 

303-304 

303- 304 
304 

304 

304- 305 
304-305 
304-305 
304-305 

304- 305 

305 

305- 307 

305-307 

305-307 

307 


240-241 

240 


487-488 


257-258 


487-488 


106-115 

375 


Ordinances. 
Incense  required 


INDEX  TO  LAWS  AND  ORDINANCES. 


JUNK  SHOPS — Continued.  Section. 

Penalty  577 

Comptroller  grants  permit  578 

Rond  required  578 

Period  of  permit  579 

Register  of  permits  kept  by  Comptroller  580 

License  to  keep  record  of  goods  bought  581 

Record,  how  kept  581 

Failure  to  keep  record,  penalty 581 

Record  open  to  inspection  to  Mayor  and  police..  582 

Minors,  prohibited  from  buying  from  583 

Violation  of  ordinance,  penalty  for 584 


JURISDICTION. 

Laws. 

Beyond  limits  of  city 23 

JUDGMENTS. 

Laws. 

In  favor  of  city,  how  enforced 50 


li 


KEEPING  TO  RIGHT. 

When  crossing  bridges,  duty  to 602 

KITE  FLYING. 

Unlawful  in  streets  and  alleys 515 

KINNAIRD  AVENUE. 

From  Beaver  avenue  to  Broadway,  formerly  Trent- 


man  avenue  930 

KINDERGARTEN  SCHOOLS. 

Laws. 

When  may  be  established 187 

What  pupils  admitted  to 187 

Expense,  payment  of 187 


L 


LABOR. 

Laws. 

May  compel  convicts  by  ordinance 


25 


573 


Page. 

375 

375-376 

375- 376 

376 
376 
376 
376 

376 

376- 377 

377 
377 


106-115 


127-128 


383 


362 


490-492 


207-208 

207-208 

207-208 


115-116 


574 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

LAFAYETTE  STREET. 

Franchise  on,  to  Citizens  Company,  (5'rr  Citizens 

Street  Raihvay  Company) 249  237 

LAVINA  STREET. 

From  Broadway  to  Rockhill  street,  formerly  Pritch- 
ard street  930  490-492 

LAKE  STREET. 

Name  of,  changed  to  Marie  street 930  490-492 

LAMP  POSTS. 

Laws. 

How  ordered,  contract  for 96  164 

LEWIS  STREET. 

Franchise  on  to  Fort  Wayne  Electric  Railway  Com- 
pany, from  Clinton  street  to  AValton  avenue, 

granted  1892  421  290 

Franchise  subject  to  previous  ordinances  422’  290 

Pavement,  extent  of  repairs  423  290 

Completed,  when  424  290 

Bond  for  performance  425  291 

Franchise  on,  granted  to  Fort  Wayne  Street  Rail- 
way Company  1890 388  279 

Pavement,  extent  of,  repairs 390  280 

Rails,  kind  of  391  280 

Tracks,  how  kept,  failure  to  repair,  penalty  392  280-281 

Speed,  rate  of  393  281 

Cars,  right  of  way  of 394  281 

Excavations  by  city  395  281-282 

Relaying  track,  duty  of  company 396  282’ 

City  indemnified  3fi7  282 

Removal  of  earth  398  282 

Cuts  and  fills,  duty  as  to 399  282 

Fares  and  transfers  400  282-283 

Switches,  kind  of  401  283 

Shall  continue  to  operate  on  certain  streets  402  283 

Relaying  tracks  to  conform  to  grade  403  283 

Bonds  for  performance 404  283 


INDEX  TO  LAWS  AND  ORDINANCES. 


575 


Section.  Page. 

LEVEES. 

LAWS. 

Board  may  order  erection  or  change  of 87  159 

Resolution,  advertisement  87  159 

Assessments,  collection  88  159-160 

LICENSE. 

For  theatrical  performances,  shows,  concerts, 

etc 23-718  106-115-416-418 

Comptroller  to  issue  719  416-418 

Fees  required  719  416-418 

Mayor  may  refuse  to  issue  in  certain  cases  722  418 

To  sell  oil,  gasoline  or  petroleum 687  405 

For  sewer  builders  670  398-399 

For  peddlers  and  hawkers  6,90  406 

For  flushing  sewers  and  other  drains  676  401 

For  auctioneer  696  408-409 

For  branch  stores  699  410 

To  sell  cigarettes  670  398-399 

For  plumbers,  gas  fitters,  water  pipe  fitters  684  404 

For  billiard  and  pool  tables 701  411-412 

For  gas  pipes  and  lines  required 711  414 

For  selling  milk,  required  733  421 

To  sell  intoxicating  liquors  501  359 

To  erect  poles  on  streets  and  alleys  703  412 

To  conduct  intelligence  ofllce 931  493-495 

LIGHTS. 

Unlawful  to  light  or  extinguish  without  authority.  535  ' 365 

LIQUORS,  INTOXICATING. 

Laws. 

License  for  sale,  required 23  106-115 

Places  where  manufactured  or  st  ored,  may  be 

licensed,  taxed  or  regulated  by  ordinance....  23  106-115 

Ordinances. 

License  required  to  sell,  fee 502  359-360 

License,  by  whom  issued  502  359-360 

Quantity,  may  sell  within  certain  limits  503  360 

Council  may  refuse  to  issue  licen  se  in  certain 

cases  501  359 


576 


INDEX  TO  T.AWS  AND  OKDINANCES. 


LIVERY  STABLES.  Section.  Page. 

Laws. 

May  regulate,  license  by  ordinance  23  106-115 

LOITERING. 

Unlawful  to,  in  certain  places 551  367 

LOCOMOTIVES. 

Engineer  to  ring  bell  when 636  391 

Rate  of  speed  within  city  limits 637  391 

Blowing  whistle  prohibited,  exceptions  638  391 

Animals  killed  by,  must  be  removed  639  391 

Allowing  steam  to  escape,  unlawful  640  391-392 

Watchman  at  rear  end  of  car  in  backing  641  392 

Sign  boards,  must  erect  642  392 

Obstructing  streets,  unlawful 643  392 

Headlight,  shall  keep  in  night  time  644  392 

Calhoun  street  crossing,  obstructing,  etc 645  392 

Obstructing  streets  by  switching,  prohibited  646  392 

Interfering  with  funeral  procession,  unlawful  ....  647  392 

Ordinance,  copy  of,  furnished  to  railroads  648  392-393 

Time  train  to  remain  on  crossing 649  393 

Flagman  maintained,  where  650  393 

Signals  given  travelers 651  393 

Police  powers  of  flagman 651  393 

Safety  gates,  where,  on  Pittsburg  railway  652  393-394 

Safety  gates,  where,  on  Wabash  railway  653  394 

Safety  gates,  where,  on  New  York,  Chicago  <6:  St. 

Louis  railroad  654  394 

Safety  gates,  where,  on  Lake  Shore  & Michigan 

Southern  railway  656  394 

Gates  attended  by  competent  man 656  394 

Violation  of  ordinance,  penalty - 657  394 

LOCUST  STREET. 

Name  of,  changed  to  Bauer  avenue  930  490-492 

LOTTERIES  AND  LOTTERY  TICKETS. 

Laws. 

Suppressing  of,  by  police 107  169 

LOANS. 

Laws. 

Common  Council  has  power  to  borrow  money  tempo- 
rarily, limit  of 30-32  118-119 


INDEX  TO  LAWS  AND  OKDINANCES. 


LOCAL  SEWERS. 


Section. 


Laws. 

Board  of  works  may  construct 
Drawings  and  specifications 


Notice  of  resolution  89 

Remonstrance  89 

Sealed  bids  89 

Main  sewer  89 

LUMBER  YARDS. 

Laws. 


To  regulate  and  prohibit  within  fire  limits  by 


ordinance  2'3 

May  regulate  and  license  by  ordinance  23 


IM 


MAYOR. 

Laws. 

Pays  certain  fines  to  Home  for  Friendless  Women. . 178 
May  commit  women  to  Home  for  Friendless 

Women  172 

Elected  when,  term  of  office 42 

Powers  conferred  on  by  act 3 

Power  to  call  special  meetings  of  Council 14 

Presiding  officer  of  Council 15 

Executive  and  administrative  authority  vested  in..  41 

Qualifications  of  42 

Vacancy  in  office,  how  filled 43 

When  Comptroller  acts  as 44 

Duty  to  enforce  ordinances 45 

Annual  report  of,  recommendations  45 

Special  meetings,  fill  vacancies 45 

Responsible  for  good  order 45 

Suspends  and  removes  officers 45 

Signs  bonds,  contracts,  licenses 45 

Power  to  revoke  licenses 45 

Approves  and  vetoes  ordinances 45 

Appropriation  ordinances,  may  approve  in  whole 

or  part  45 

Consults  with  heads  of  departments  45 

Records  of  meetings  of  departments  45 

Index— 4 


577 

Page. 


160-161 

160-161 

160-161 

160-161 

160-161 

160-161 


106-115 

106-115 


203 

201 

122 

100-101 

104 

104 

122 

122 

123 

123 

123-126 

123-126 

123-12*6 

123-126 

123-126 

123-126 

123-126 

123-126 

123-126 

123-126 

123-126 


578 


INDEX  TO  LAWS  AND  ORDINANCES. 


MAYOR — Continued.  Section. 

Appoints  committee  to  examine  accounts  45 

Mayor  shall  be  conservator  of  peace  45 

Holds  court  when,  jurisdiction 45 

Rules  of  practice  in  Mayor’s  court  45 

Shall  give  bond  45 

Fines  collected  by,  payable  to  whom  45-178 

Mayor  to  keep  docket,  fees  submitted  to  46 

Mayor’s  fees  paid  to  Comptroller 46 

What  his  record  must  contain  in  actions  49 

Salary  51 

Appoints  heads  of  departments 53 

Has  full  power  in  cases  of  emergency  99 


A member  of  trustees,  firemen’s  pension  fund....  155 
Ordinances. 

May  inspect  books  of  junk  and  second  hand  stores  582 


May  remit  fines,  discretion  in 907 

May  order  rubbish,  etc.,  removed  from  streets  and 

alleys  810 

May  order  removal  of  vehicles,  etc.,  in  case  of 

obstruction  814 

May  revoke  license  of  an  auctioneer,  when  698 

May  designate  certain  streets  for  speeding  523 

MALFEASANCE  OF  OFFICERS. 

Complaint  of,  filed  where 901 

Time  for  trial,  how  fixed 902 

Charges,  how  tried  903 

Officers  suspended  during  trial 904 

Two-thirds  vote  to  establish  guilt 905 

MARKET. 

Laws. 

May  regulate  by  ordinance 23 

Ordinances. 

Can  sell  only  to  consumers  on  Harrison  street  . 616 

Violation  of  ordinance,  penalty 617 

Public  market,  where  619 

Time  of  market  620 

Market  master,  duty  of 621 

Placing  vehicles  621 

Keeping  and  testing  weights  621 


Page. 

123-126 

123-126 

123-126 

123-126 

123-126 

123-126-203 

126 

126 

127 

128 

129-130 

165-166 

190-191 

376-377 

481 

452 

453 
409 

363-364 

479 

479 

479 

479-480 

480 


106-115 

385-386 

386 

387 
387 

387-388 

387-388 

387-388 


INDEX  TO  LAWS  AND  OKDINANCES. 


579 


MARKET — Continued.  Section.  Page. 

To  arrange  stands  621  387-388 

Price  of  stands,  per  diem 623  388 

Occupant  of,  to  clean  stall 624  388 

Wholesaling,  prohibited  625  388-389 

Grocers  not  allowed  to  buy 625  388-389 

Wholesaling,  when  allowed 626  389 

Standard  weights  and  measurement  627  389 

Market  master  to  keep  scales  and  weights  628  389 

False  weights  use,  unlawful  629  389 

Size  of  measure  630  389 

Unlawful  to  sell  butter  in  rolls  or  lumps  631  389 

Must  be  of  specified  weight 631  389 

Market  Master,  prosecute  when 632  389-390 

Horses  and  vehicles,  other  than,  hitched  to  633  390 

Market  wagons,  prohibited  on 633  390 

Market  Master’s  reports  to  Board  of  Safety 634  390 

Clerk  of  Board  to  audit  account  of  Market  Master.  634  390 

Violation  of  ordinance,  penalty 635  390-391 

Conditions  upon  which  privileges  sold  622  388 

MARKET  MASTER. 

Duty  of  621  387-388 

Assigns  persons  to  stands  unoccupied  621  387-388 

To  keep  scales  and  weights 628  389 

In  what  cases  may  prosecute 621-632  387-388-389-390 

Reports  to  Board  of  Safety,  when 634  390 

Prescribes  kind  of  stands,  prosecutes  offense  621  387-388 

To  sell  stands  when,  give  certificate  to  purchaser  621  387-388 

MAIN  STREET,  WEST. 

Street  railway  on,  width  of  track,  where  laid  ....  332  261-262 

Grade  of  tracks,  pavement  and  repairing  334  262-2'63 

Kind  of  rails  to  be  used  335  263 

Condition  of  repair,  notice  to,  failure,  penalty....  336  263 

Speed,  regulation  of  337  263-264 

Right  of  way,  who  entitled  to 338  264 

Excavations  by  city,  in  tracks,  permitted  339  264 

Relaying  tracks,  duty  as  to 340  264 

City  indemnified  341  264 

St.  Mary’s  river  bridge,  crossing . 342  264-265 

Removing  earth  343  265 

Cuts  and  fills,  who  to  make 344  265 


580 


INDEX  TO  LAWS  AND  ORDINANCES. 


MAIN  STREET,  WEST — Continued.  Section.  Page. 

Fare  and  transfers  345  265 

Switches,  kind  346  265 

Bond  for  faithful  performance 346A  266 

Kind  of  poles  to  be  used  on,  by  Fort  Wayne  Street 

Railway  Company  376  275-276 

Double  tracks  on  east,  by  Fort  Wayne  Street  Rail- 
way Company  385  278 

MARIE  STREET. 

From  St.  Mary’s  avenue  to  city  limits,  formerly 

Lake  street  930  490-492 

M’KEE  STREET. 

From  Hanna  street  to  city  limits,  formerly  Ninth 

street  930  490-492 

MASTERSON  AVENUE. 

From  Hanna  street  to  Calhoun  st  reet,  formerly 

Charles  and  Masterson  streets  930  490-492 

MASTERSON  STREET. 

Name  of,  changed  to  Masterson  avenue  930  490-492 

MAUMEE  AVENUE. 

From  Harmer  street  to  city  limits,  formerly  Mau- 
mee road  926  489-490 

MAUMEE  ROAD. 

Name  of,  changed  to  Maumee  avenue  926  489-490 

METZ  STREET. 

Name  of,  changed  to  Nelson  street  930  490-492 

MEYER  AVENUE. 

From  Fairfield  avenue  to  South  Wayne  avenue, 

formerly  Crescent  avenue 930  490-492 

MILK  DIVISION. 

Who  consists  of  730  420 

Under  charge  of  City  Bacteriologist  731  420 

Milk  analyzed,  record  kept 731  420 

Annual  report  filed  with  board  of  health  731  420 

Assistants,  appointment  of  732  420-421 

Assistants,  to  wear  metal  star 732  420-421 

Police  powers,  extent  of  732  420-421 


INDEX  TO  LAWS  AND  OKDINANCES.  S81 


MILK  DIVISION— Continued.  Section.  Page. 

Milk  dealers  license  733  421 

Application,  form  of,  fee,  term 733  421 

Vehicles  used,  kind  734  421-422 

Milk,  standard  of  734  421-422 

Skimmed  milk,  sold  how 735  422 

Buttermilk,  sold  how 736  422-423 

Officers  authorized  to  go  where  milk  is  kept  to  test  736  422-42'3 

Adulteration  or  coloring,  prohibited  737  423 

Impure  milk,  sale  of,  prohibited 738  423-424 

When  milk  may  not  be  sold 739  424 

Hotel  and  restaurant  keepers  subject  to  ordinance  740  424 

Violation  of  ordinance,  penalty 741  424 

License  revokes,  when  741  424 

Cow  stables,  examined  by  City  Bacteriologist  ....  742  224-225 

MICHIGAN  AVENUE. 

From  Metz  street  to  city  limits,  formerly  Ida  ave- 
nue   930  490-492 


TV 

NEW  YORK,  CHICAGO  & ST.  LOUIS  RAILROAD  COMPANY. 


Contract  of,  with  city  of  Fort  Wayne  474 

Grant,  permission  and  privileges  by  said  railroad 

company  475 

Right  to  enter  on  right  of  way  for  certain  purposes  476 

How  sewer  constructed,  on  right  of  way  477 

How  much  sewer  opened  at  one  time  478 

Sewer  to  be  forever  maintained 479 

Sewer  not  to  interfere  with  right  of  way  479 

Man  holes,  who  to  build  and  protect  in  certain 

cases  480 

City  to  construct  catch  basins,  where  481 

Railroad  to  be  held  harmless  from  damages  482 

Repair,  city  to  keep  in 483 

Contract  to  be  effective,  when 483 

NELSON  STREET. 

From  Taylor  street  to  Wabash  Railroad,  formerly 

Metz  street  ’ 930 

NIRDLINGER  AVENUE. 

Changing  name  of,  to  Swinney  avenue  924 


350 

351 
351 
351 
351 

351 

352 


352 

352 

352' 

352 

353 


490-492 


488-489 


582 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

NINTH  STREET. 

Name  of,  changed  to  McKee  street  930  490-492 

NIGHT  SCHOOLS. 

Laws. 

May  be  maintained  in  cities  and  towns,  when  . . . 188  208 

Who  admitted  to  as  pupils 189  208 

NORTH  STREET. 

Name  of,  changed  to  Fairmount  Place  930  490-492 

NUISANCES. 

Laws. 

City  has  power  to  declare  by  ordinance,  what  are. . 23  106-115 

Ordinances. 

Cattle  yards,  how  kept,  penalty. 754  430 

Slaughtering  or  rendering  establishments  755  430 

Permit  granted  by  Board  of  Health  756  430-431 

Bond  required  756  430-431 

Offal  disposed  of,  how  757  431 

Refuse  not  deposited  or  left  in  pond  758  431 

Length  of  time  allowed  to  remain 759  431 

Rendering  lard,  manner  of 760  431-432 

Soap  factories,  not  to  be  offensive 761  432 

Green  hides,  not  allowed  on  sidewalks  762  432 

Livery  or  other  stable  yards  to  be  kept  clean.  ..  . 763  432 

Carts  used  to  haul  offal,  etc.,  how  constructed  ....  764  432 

City  Attorney  to  prosecute  violations  765  432 

Board  of  Health  and  police,  power  of  765  432 

Notice  given,  abatement  how  made,  penalty  ....  767  433 

Unsafe  walls  of  buildings,  constitute  768  434 

o 

OCCUPATIONS. 

Laws. 

May  be  licensed,  taxed  and  regulated  by  ordi- 
nance   23  106-115 

OFFICERS. 

Laws. 

Interfering  with  108  170 

City  officers,  when  elected,  term  of  office  2 99-100 


INDEX  TO  LAWS  AND  ORDINANCES.  583 


OFFICERS— Continued.  Section.  Page. 

Powers  conferred  3 100-101 

Offices  continued  and  what  abolished  3 100-101 

Pending  proceedings  commenced  by  what  effect.  . 3 100-101 

Present  officers  to  surrender  all  property  to  suc- 
cessor   3 100-101 

Vacancies,  mayor  fills  for  unexpired  term  ......  4 101 

Notification  of  by  City  Clerk 5 101' 

Oath  of  office,  where  filed,  bond  when  filed 6 101-102 

Failure  to  file  bond  within  ten  days,  proviso  . . 6 101-102 

Unlawful  to  have  an  interest  in  contract  7 102 

Shall  not  purchase  bonds,  etc.,  gifts  to  8 102-103 

Requires  two-third  vote  of  council  to  impeach....  28  117 

Not  provided  for,  how  appointed 6 101-102* 

Ordinances. 

Resisting,  unlawful  521  363 

Personating,  unlawful  548  367 

Certain,  to  execute  bonds  to  city 917  484-485 

Malfeasance  of,  complaint  filed  where  901  479 


OFFICE. 

Laws. 


No  property,  qualification  necessary  to  hold  ....  139  183 

OFFENSES,  WHAT  ARE. 

Prostitutes  wandering  on  streets 505  360-361 

To  practice  trick,  game,  etc.,  to  defraud  506  361 

Disturbing  peace  by  noise  and  disorder 507-508  361 

Climbing  on  wagons  and  sleighs 509  361 

Throwing  hand  bills,  etc.,  on  streets  510  361-362 

Congregating  in  doorways  and  stairways  511  362 

Attempting  to  pick  pocket  512  362 

Indecent  plays  513  362 

Begging  514  362 

Kiteflying  515  362 

Throwing  stones  on  street  516  362 

Cellar  doors  and  grates,  leaving  open  517  362-363 

Leaving  animals  on  street  without  hitching  518  363 

Collecting  crowds  on  street  519  363 

Defacing  or  tearing  down  printed  notices  520  363 

Resisting  officer  521  363 

Discharging  firearms  in  city  522  363 


584 


INDEX  TO  LAWS  AND  ORDINANCEvS. 


OFFENSES,  WHAT  ARE— Continued.  Section.  Page. 

Rate  of  speed  on  street  523  363-364 

Rate  of  speed  in  turning  corners 524  364 

Keeping  swine  within  city 525  364 

Hanging  on  fire  apparatus  526  364 

To  build  privy  vaults  of  other  than  certain  ma- 
terial   527  364 

To  blow  police  whistle  52'8  364 

To  go  upon  premises  of  another,  without  permis- 
sion   529  364 

Injuring  grass  plats  530  364-365 

Climbing  on  electric  light  towers 531  365 

Putting  up  barb  wire  fence  at  certain  places  ....  532  365 

Putting  up  signs  and  banners 533  365 

Putting  up  signs  wider  or  lower  than  a certain 

width  or  height  534  365 

Putting  out  or  lighting  lights 535  365 

Shoeing  horses  on  streets  536  365 

Permitting  sidewalk  to  be  out  of  repair  537  365 

Excavating  to  lay  pipes  without  permit  538  365 

Connecting  pipe  to  chimney,  when  539  365 

Placing  hay,  straw,  etc.,  near  fire 540  365-366  . 

Personating  a fireman  541  366 

Placing  ashes  in  wooden  vessels 542  366 

Placing  scaffolds  over  sidewalks,  unless  well  sup- 
ported, penalty  543  366 

Permitting  chickens,  turkeys  and  ducks  to  run  at 

large  544  366 

Maintaining  chicken  coops  within  certain  limits  . . 545  366 

Breaking  into  funeral  procession 547  366 

Personating  city  officers  548  367 

Hauling  dirt  or  rubbish  over  paved  streets,  when  549  367 

Hauling  slop  over  paved  streets,  when  550  367 

Loitering  on  street  or  public  places  551  367 

Sleeping  on  streets,  cars,  etc 552  367 

Confidence  men,  crowding,  etc 553  367 

Gypsies  camping  within  city 554  368 

Watering  diseased  horses  at  public  drinking  foun- 
tains   615  385 

Injuring  public  parks  589  379 

Breaking  quorum  in  common  council  180  203-204 

Unlawful  to  keep  more  than  two  bee  hives  on  one 

lot  546  366 


INDEX  TO  LAWS  AND  ORDINANCES. 

Section. 


OIL,  GASOLINE,  PETROLEUM. 

License  for  sale  of,  required 687 

Fee  to  be  paid  688 

Time  of  license  688 

Seller  to  use  drip  pans  688 

Penalty  for  violating  ordinance 689 

ONEIDA  STREET. 

Name  of,  changed  to  Swayne  avenue  930 


ORDINANCES. 

Laws. 

For  all  appropriations  to  originate  in  council  . . 18 

Signed  by  presiding  officer  and  approved  by  mayor 

before  it  becomes  effective 18 

Passage  of  ordinance  18 

Passing  by  unanimous  consent 19 

Penal  ordinances  to  be  published,  exceptions  20 

Revision  of  ordinances  20 

Enrollment  of,  record  of,  approval  21 

Recording,  presumptive  evidence,  passage  of  22 

Power  to  pass,  to  provide  a corp  orate  seal,  fix 

salaries  23 

To  protect  property,  punish  contempts,  to  take 

census  23 

Of  city,  to  receive  gifts  and  bequests  23 

May  pass,  declaring  nuisances  and  abatement  of.  . 23 

To  regulate  itinerant  performances  in  street 23 

For  purification  of  water  and  water  courses  23 

To  regulate  starch,  bone  and  soap  factories,  etc..  . 2'3 

To  prevent  or  regulate  use  of  fire  arms  or  fire- 
works   23 

To  regulate  or  prohibit' stock  running  at  large....  23 

To  regulate  removal  of  slop  and  garbage  23 

To  compel  cleaning  out  of  buildings,  etc 23 

To  regulate  storage  of  gun  powder  or  other  ex- 
plosive   23 

To  regulate  the  location  and'  management  of  ceme- 
teries   23 

Power  to  establish  quarantine  regulations  by 23 

Power  to  regulate  or  prohibit  steam  whistle,  by  . . 23 


585 

Page, 

405 

405 

405 

405 

405 


490-492 


104-105 

104-105 

104- 105 
105 
105 

105 

105- 106 

106 

106- 115 

106-115 
106-115 
106-115 
10  M15 
106-115 
106-115 

106-115 

106-115 

106-115 

106-115 

106-115 

106-115 

106-115 

106-115 


586 


INDEX  TO  LAWS  AND  ORDINANCES. 


ORDINANCES— Continued. 


Section.  Page. 


Power  to  regulate  location,  etc.,  of  public  market 


by  23  106-115 

Power  to  regulate  and  require  reports  of  births 

and  deaths,  by 23  106-115 

Power  to  authorize  inspection  of  meat,  vegetables, 

by  23  106-115 

To  regulate  the  selling,  weighing  and  measuring 

wood,  coal,  etc 23  106 

To  regulate  inspection  of  steam  boilers  23  106-115 

To  define  fire  limits  23  106-115 

To  authorize  inspection  of  buildings  23  106-115 

To  authorize  license  revoked  for  building  23  106-115 

Ordinances. 

Record  and  proof  of  publication 932  495 

Take  effect  933  495 

Repeal  934  495-496 

Prosecutor  to  elect 935  496 

How  construed  937  496 

Gender  and  number  937  496 

Time  of  notice 938  496 

Penalty  939  496 

F 

PAVEMENT. 

When  washing  of,  is  prohibited 852  462 

PARKS. 

Laws. 

May  change  name  by  ordinance 23  106-115 

Ordinances. 

Park  presented  by  Henry  M.  Williams  942'  499 

Injuring,  unlawful,  penalty 589  405 

PARTY  WALLS. 

Laws. 

May  regulate  the  building  of,  by  ordinance  23  106-115 

Ordinances. 

Viewers  appointed  to  estimate  value  ' 484  353 

Notice  of  meeting  to  view 485  353-354 

Service  of  notice  486  354 

Non-residents,  publication  487  354 


INDEX  TO  DAWS  AND  ORDINANCEvS. 


587 


PARTY  WALLS— Continued.  Section.  Pa.s?e. 

Meeting  of  reviewers 488  354 

Walls,  how  located,  use  of  same 489  354-355 

Costs  divided,  how  and  when 489  355 

Viewers,  how  paid  490  355 

How  constructed  within  fire  limits  804  449-450 

PARK  STREET. 

Name  of  changed  to  Anna  street 940  490-492 

PARK  AVENUE. 

Name  of,  changed  to  Georgia  avenue  930  490-492 

PARENTAL  HOMES. 

Laws. 


For  truant  and  incorrigible  children,  by  whom 


established  and  for  what  purposes  217  223 

PEDDLERS  AND  HAWKERS. 

Laws. 

May  regulate,  tax  and  license  by  ordinance  23  106-115 

Ordinances. 

License  required  690  406 

Fee  required  to  sell  from  vehicles  691  406 

Drawn  by  animal  power  or  propelled  by  hand..  690  406 

Term  of  license  691  406 

License  not  transferable  692  406 

Number  of  license  and  name  of  owner,  to  be  on 

wagon  693  406-407 

Owner  to  carry  license  with  him 693  406-407 

License  does  not  authorize  market  privileges  ....  694  407 

To  sell  at  wholesale  only,  except  on  orders  re- 
ceived   694  407 

Does  not  apply  to  farmers  694  407 

Selling  unwholesome  articles,  license  revoked  . . . 695  408 

Penalty  for  violating  ordinance 695  408 

PERSONAL  PROPERTY. 

Sale  of  belonging  to  city 896  475-477 

Inventory  of,  how  made  896  475 

Appraisement,  how  made 896  475 

Mayor  to  submit  inventory  to  Council  896  475 

Sale  of,  how  made  896  475 

Voucher  given  896  475 

Appraisers’  fees  897  477 


588 


INDKX  TO  LAWS  AND  OFDINANCES. 


Section.  Page 

PERSONATING. 

City  officers,  unlawful  548  367 

PETROLEUM. 

Storage  of,  quantity  kept 595  381 

Not  to  be  drawn  or  handled  by  lamp  597  382 

Violation  of  ordinance,  penalty 598  382 

License  for  sale  required 687  405 

Storage,  where  not  kept  596  381-382 

PENN  STREET. 

Name  of,  changed  to  Winch  street,  when  926  489-490 

From  Walton  avenue  to  Alligar  street,  formerly 

Eliza  street  926  489-490 

PEACE. 

Laws. 

Preserving,  may  be  required  by  ordinance  23  106-115 

PEST  HOUSES. 

Laws. 

May  be  regulated  by  ordinance 23  106-115 

PENALTIES. 

Laws. 

May  be  imposed  for  violation  of  ordinance  2'4  115 

PICK  POCKET. 

Unlawful  to  attempt  to 512  362 

PLUMBERS,  GAS  FITTERS,  ETC. 

License,  bond  682  403 

Application  for  licenses,  bond 683  403-404 

Permit  to  open  streets,  guard  excavations  683  403-404 

Extent  of  liability  on  bond 683  403-404 

Comptroller  issues  license  684  404 

Term  of  license  685  404 

Violation  of  ordinance,  penalty 686  404 

PLUM  STREET. 

Double  track  on,  by  Fort  Wayne  Street  Railway 

Company  385  278 

POLICE. 

Laws. 

Duty  of  police  force  102-106  166-167 


INDEX  TO  DAWS  AND  ORDINANCES.  589 

POLICE — Continued.  Section.  Page. 


Powers  of  superintendent  and  captain,  searching 

premises  106  168 

May  suppress  gambling,  lotteries,  sale  of  lottery 

tickets  23  106-115 

Duties  in  case  of  arrests 108  169-170 

Arrests  and  bonds,  detention 108  169-170 

Interfering  with  officer,  penalty 108  169-170 

Power  to  make  rules  and  regulations  109  170 

Police  and  firemen’s  insurance  fund  110  170 

Conviction  of  members  of,  punishment  101  166 

Powers  and  duties  of,  in  serving  process  102  166 

Arrest  without  warrant,  when 102  166 

Exclusive  power,  where  102  166 

Convey  prisoners,  where  103  167 

Commissioners  may  detail  regular  or  special  po- 
licemen or  firemen,  when 104  167-168 

Duties  of  special  officers  104  167-168 

Removal  of  special  officers  104  167-168 

Commissioners  may  detail  for  health  department.  ..  104  167-168 

Term  of  service  of,  removal 100  166 

By  whom  appointed  99  165-166 

Appointment  and  removal  of  ; 100  166 

Ordinances. 

May  inspect  books  of  junk  shops,  second  hand 

stores  582  376-377 

Right  to  enter  premises  in  what  case  778  437 

May  order  teams  or  vehicles  removed  from  streets 

when  814  453 

Duty  to  take  notes  in  defects  in  sidewalks  851  462 

Duty  to  report  accidents  in  certain  cases  to  City 

Attorney  851  462 

Peddlers  and  hawkers  must  show  license  to  693  406-407 

To  ascertain  from  time  to  time,  violations  of  ordi- 
nances relating  to  nuisances 777  437 

Arrest  persons  rioting,  etc.,  on  Sunday  and  nights  508  361 

To  arrest  persons  violating  curfew  law  592  380 

POLES. 

Unlawful  to  erect  without  a permit  or  franchise 

from  the  council 585  377-378 

Penalty  for  violation  of  ordinance  586  378 


590 


INDEX  TO  EAWvS  AND  OEDINANCEvS. 


POLES — Continued.  Section.  Page. 

License  must  be  obtained  from  Comptroller  703  412 

Statement  to  be  filed  yearly  as  to  number  of  poles  704  412 

Chart  showing  location  of  poles,  to  be  filed  ....  705  412-413 

Board  may  remove  unlicensed  poles  706  413 

Application  to  maintain  made  each  year  707  413 

Fee  for  license  708  413 

Power  of  Comptroller  to  examine  books  709  413 

Violation  of  ordinance,  penalty 710  413 

POSTERS. 

Destroying,  penalty 72’5  419 

POUND  MASTER. 

Board  of  Public  Works  to  appoint 556  368-369 

Duties  of  pound  master. 557  369 

Unlawful  to  interfere  with  559  370 

POOLS  AND  BILLIARD  TABLE. 

Cannot  operate  in  city  without  license  700  411 

License  required  to  operate 701  411'-412 

Fee,  how  paid  701  411-412 

Penalty  for  violation  of  ordinance 702  412 

POLICE  WHISTLE. 

Unlawful  for  other  persons  than  police  to  blow.  . 528  364 

PONDS,  HOLES  AND  EXCAVATIONS. 

Ordinance  providing  for  filling  of 787  441 

Condition  of  declared  by  resolution  787  441 

Notice  given,  publication  787  441 

Failure  to  fill  by  owner  788  441-442 

Estimate  of  cost  to  fill  made  by  Board  of  Works  788  441-442 

Cost  of  filling,  a lien  on  lot  or  land  788  441-442 

Maintaining  pond  or  hole  unlawful  789  442 

Notice  to  fill,  upon  whom  served 789  442 

Violation  of  ordinance,  penalty 789  442 

Ordinances. 

Established  within  city  limits 556  368-369 

POUNDS. 

Laws. 

May  regulate  by  ordinance." 23  106-115 


INDEX  TO  LAWS  AND  OKDINANCES.  591 


Section. 

Page. 

POPLAR  STREET. 

From  Hoagland  avenue  to  Fairfield  avenue,  form- 

erly  Duryea  street 930 

490-492 

PRITCHARD  STREET. 

Name  changed  to  Lavina  street 930 

490-492 

PRINTING,  PUBLIC. 

Shall  bear  union  label 912 

483 

City  advertising  to  be  let  to  print  shops  employing 

union  labor  913 

483 

Bids  for  public  printing,  contract,  how  let  914 

483 

PRIVIES. 

Who  shall  furnish  872 

468 

How  constructed  527 

364 

Failure  to  furnish,  notice  to  whom 873 

468 

When  a nuisance  874 

468 

Who  liable  for  maintaining  874 

468 

Contents  of,  where  deposited 875 

469 

To  what  houses  does  not  apply 87G 

469 

PROSTITUTES. 

Wandering  on  streets  unlawful 505 

360-361 

PRISONS. 

Laws. 

Incorporated  cities  and  towns  may  erect  therein  . . 142 

184 

Who  to  be  imprisoned  therein 142 

184 

PRECINCT. 

Laws. 

What  constitutes  140 

183 

How  changed  ..  140 

183 

PRISONERS. 

Laws. 

Length  of  time  confined  50 

127-12'8 

Worked  on  street  50 

PROPERTY,  CITY. 

Laws. 

127-128 

Mav  authorize  alienation  bv  ordinance  23 

106-115 

May  authorize  alienation  by  ordinance 


592 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section.  Page. 

PUBLIC  LIBRARY. 

Laws. 

May  be  establish  in  cities  and  incorporated  towns.  220  22'4 

Tax  may  be  levied  to  maintain 221  224 

City  may  hold  real  estate  for  benefit  of  222  224 

School  trustees  may  pay  for  real  estate  out  of 

school  fund  223  2’25 

When  open  224  225 

PUBLIC  HALLS. 

Ingress  or  exit  doors  not  to  be  locked  or  fastened 

during  show  or  entertainment 606  383 

Penalty  for  violation  of  ordinance 607  384 

PUBLIC  PLACES. 

Laws. 

May  close  by  ordinance,  when 23  115 

PUBLIC  HEALTH. 

Contagious  diseases,  quarantine  authorized  743  425 

People  may  be  detained  when  exposed  to  conta- 
gious disease  744  425-426 

Use  of  certain  buildings  discontinued  745  426 

Sale  of  rags  prohibited,  when 746  426-427 

Sick  room,  when  disinfected 746  426-427 

Cards  put  up,  unlawful  to  remove 746  426-427 

Powers  of  Board  of  Health  defined  747  427 

Violation  of  ordinance,  penalty 748  42'7 

Removal  of  unwholesome  substances  from  houses  774  436-437 

Owners  to  keep  vaults  and  cellars  clean  774  436-437 

Disinfecting  houses,  in  what  cases 775  437 

Vessels  in  sick  room,  disinfected 776  437 

Police  officers  to  inspect  and  enforce  ordinances.  777  437 

Board  of  Health  and  police  officers  right  to  enter 

houses,  when  778  437 

Persons  failing  to  remove  manure,  etc.,  penalty  . . 753  429 

Board  of  Health  may  cause  receptacles  containing 

filth  to  be  cleaned  752  429 

Use  of  wells  condemned,  forbidden  750  428 

Watering  at  public  drinking  fountains,  forbidden 

in  certain  cases  615  385 


INDEX  TO  LAWS  AND  ORDINANCES. 


Section. 


593 

Page. 


QUARANTINE. 

Laws. 


Ordinances. 


R 

Laws. 

Speed  of  trains,  regulation  by  ordinance  

May  require  fencing,  cattle  guards,  etc 

May  require  flagmen  

May  require  to  change  grade  and  crossings  

Culverts,  must  build  

Gutters,  must  build  

Must  obtain  permission  to  lay  or  remove  track  . . 

Actions  against  by  city,  service  on  whom  

Ordinances. 

Must  erect  gates  at  street  crossings  

Hanging  lamps  at  crossings,  when 

Failure  to  comply  with,  ordinance,  penalty  

Duty  of  Railroad  Company  to  pave  crossings  .... 

How  paved  

Notice  served  on  railroads  to  pave 

Penalty  for  not  paving  

Unlawful  to  lay  down  railroad  track  without  per- 
mission   

Penalty  

How  arrest  shall  be  made  

RATE  OF  SPEED. 

Laws. 

May  regulate  by  ordinance  

Ordinances. 

On  streets  

In  turning  corners  

REAL  ESTATE,  CONDEMNATION  OF. 

For  public  purposes,  damages,  how  paid  

Abstract  of  title,  to  be  furnished 

City  Attorney  to  bring  suit 

Index — .5 


23 

106-115 

743 

425 

23 

106-115 

23 

108-115 

23 

106-115 

. 23 

106-115 

23 

106-115 

23 

106-115 

23 

106-115 

48 

127 

816 

453 

658 

395 

659 

395 

943 

500 

944 

500 

945 

500 

946 

500-50^ 

947 

501 

948 

501 

949 

501 

23 

106-115 

523 

363-364 

524 

364 

893 

473-474 

893 

473-474 

893 

473-474 

594 


INDEX  TO  LAWS  AND  ORDINANCES. 


REUSS  AVENUE. 


Section.  Page. 


Established  from  Spy  Run,  west  through  Northside 


Park  to  Clinton  street  927  490 

Heavy  traffic  on,  prohibited  92'8  490 

Penalty  for  violation  of  ordinance 929  490 

RED  LIGHTS. 

When  and  where  placed  825  455 

To  whom  it  applies  82  S 455 

How  placed 827  455-456 

RUNNERS. 

Laws. 

May  regulate,  at  railroad  stations,  by  ordinance  . . 23  106-115 


SALOONS. 


Rooms  where  liquor  sold,  regulated  496  357-358 

Open  on  Sunday,  prohibited 497  358 

Screens  to  be  raised  during  certain  hours 498  358 

Screens  to  be  raised  on  Sunday 499  358 

Violation  of  ordinance,  penalty 500  359 

SAMUEL  STREET. 

Name  changed  to  Buchanan  street  920  487 

SALIMONIE  MINING  AND  GAS  COMPANY. 

Franchise  to,  granted  431  325 

Extent  of  permission  and  grant 431  325 

Purpose  of  grant  431  325 

Bonds,  condition 432  326 

Not  to  interfere  with  water,  gas  or  sewer  pipe  . . 432  326 

Will  restore  all  excavations  made  in  streets,  etc.  . 432  326 

Will  remove  all  rubbish  from  off  streets  432  326 

Will  reimburse  city  for  all  money  to  be  expended 

in  repairing  streets,  etc 432  327 

To  indemnify  city  against  certain  judgments  432  327 

Amount  of  pipe  to  be  laid  first  year  432’  327 

To  renew  bond,  when  433  328 

When  pipe  to  be  laid  when  practicable  434  328 

To  remove  pipe  to  enable  city  to  make  improve- 
ments   435  328 

All  sidewalks,  cross-walks,  disturbed  to  be  re- 
placed. how  436  328 


INDEX  TO  LAWS  AND  OKDINANCEvS. 


Section. 

SALiMONIE  MINING  AND  GAS  COM  PAN  Y— Continued. 


Repairs  made  by  this  company,  how  prosecuted  . . 437 
Kind  of  material  used  in  construction  and  repair.  . 437A 

Engineer’s  duty  437B 

Escape  of  gas,  how  prevented  by  company  437C 

Price  charged  for  gas  to  consumers  437D 

When  company  may  discontinue  the  use  of  gas 

to  consumers  438 

Council  given  the  power  to  revise  prices  in  ten 

years  438 

Written  acceptance  to  be  filed  by  company  440 

Violation,  penalty  441 

To  manufacture  and  sell  artificial  gas  442 

When  ordinance  to  go  into  effect 443 

SANITARIAN,  CITY. 

Laws- 

Appointment  of  and  duties 134 


SCALES,  PUBLIC. 

Laws. 

May  regulate  and  license  by  ordinance  23 

SCHOOL  TRUSTEES. 

Laws. 

May  compel  truant  and  incorrigible  children  to 


attend  “Parental  Home” 217 

File  with  County  Auditor,  list  of  children  aided  ..  216 
May  pay  for  real  estate  for  public  library  out  of 

school  fund  223 

Common  Council  shall  elect,  organization,  etc....  182 

Duties  of  183 

Shall  keep  a record,  duty  as  to  revenue  184 

Annual  statement  185 

General  duties  186 

Kindergarten  established  by,  when,  expenses  of, 

etc 187 

Night  schools  maintained  when,  who  admitted  188-189 

Power  to  elect  superintendent  and  prescribe  duties  193 

Surplus  special  school  revenue,  when  turned  over 

to  Council  206 

May  levy  special  taxes  to  build,  repair  and  furnish 


595 

Page. 

329 

329 

329 

330 
330 

332 

332 

332 

333 
333 
333 


181 


106-115 


223 

222-223 

229-230 

204- 205 

205- 206 
2'06-207 
207 

207 

207-208 

208 
209 

218 


590 


INDEX  TO  LAWS  AND  ORDINANCES. 


SCHOOL  TRUSTEES— Continued.  Section. 

school  houses  204 

May  levy  local  tax  for  tuition 197 

Shall  take  enumeration,  when,  how  taken  199 

Enumeration,  duties  of 199 

Proceeds  of  sale  of  bonds,  paid  to  in  what  cases..  203 

Authorized  to  levy  special  tax,  when  218-196 

Shall  not  build  or  purchase  ground  for  school  pur- 
poses before  filing  statement  with  council  show- 
ing necessity,  etc 205 

May  organize  colored  children  in  separate  schools  207 
Teachers,  employment  and  dismissal  209 

Ordinances. 

When  to  make  report 964-967 

Report  to  Council,  what  to  contain  964 

To  make  special  reports  when  directed  9 5 

Penalty  for  violation  of  ordinance 966 

SCHOLES  STREET. 

Name  of,  changed  to  Sinclair  street  930 

SCHOOLS. 

Laws. 


Record  of  revenue  of,  kept  by  trustees  of  184 

Grades  may  be  established  by  trustees  of  187 

Kindergarten  may  be  established 187 

Night  schools  maintained,  when 188 

Who  admitted  to  night  schools 189 

Alcoholic  drinks,  effect  of  taught  in  190 

Examination  of  teacher  for 191 

Teachers  of,  dismissed  for  neglect  of  duty, when...  192 

Superintendents,  employment  of 193 

Surplus  special  revenues  of,  how  applied  194 

Special  revenue  of  things  legalized  as  to  195 

Special  tax  may  be  levied  for  building,  apparatus, 

etc 196 

Local  tax  for  tuition  for,  may  be  levied  197 

Enumeration,  how  taken,  by  whom  and  duties  ...  199 

Transfers  of  pupils  t’o 200 

Payments  of  transfers  to  201 

Bonds  for  school  buildings  may  be  issued  202 

Surplus  special  school  revenue,  how  applied  206 


Page. 

216-217 

211 

212-214 

212-214 

216 

223-210 


217- 218 

218- 219 
219 


505-506-507 

505-506 

506 

506 


491 


206- 207 

207- 208 

207- 208 
208 
208 

208- 209 
209 
209 

209 

209- 210 

210 

210 

211 

212-214 

214 

214- 215 

215- 216 
218 


INDEX  TO  LAWS  AND  ORDINANCES.  59 

SCHOOLS — Continued.  Section.  Pag^e. 

Colored  children,  separate  schools  for  207  218-219 

Branches  taught  in  208  219 

Teachers  of,  emploj^ment  of  and  dismissal  209  219-220 

Title  of  school  property 210  220 

Annexation  of  territory  containing  school  property  211  220 

SECOND  HAND  STORES. 

Laws. 

May  regulate  and  license  by  ordinance  23  106-115 

Ordinances. 

License  required  577  375 

Penalty,  for  failure  to  get 577  375 

Comptroller  grants  permit  578  375-376 

Bond  required  578  375-376 

Period  of  permit  579  376 

Register  of  permit  kept  by  comptroller  580  376 

License  to  keep  record  of  goods  bought  581  376 

Record,  how  kept 581  376 

Failure  to  keep  record,  penalty 581  376 

Record  open  to  inspection  of  mayor  and  police  . . 582  376-377 

Cannot  buy  from  minors  583  377 

Violation  of  ordinance,  penalty 584  377 

SEAL  OF  CITY. 

Laws. 

Council  may  pass  ordinance  to  provide  23  106-115 

Ordinances. 

Established,  what  to  consist  of 916  484 

SEWERS. 

Laws. 

Assessm.ent  rolls  of.  duties  of  Comptroller  and 

Treasurer  92  162 

Map  of  sewer,  specifications,  notice  of  resolution.  . 89  160-161 

Hearing  of  resolution  for,  remonstrance  89  160-161 

Notice  to  contractor  89  1*  0-161 

Local  sewer,  cost  of  90  161-162 

Main  sewer,  cost  of,  how  apportioned  91  162 

Local  sewers,  drawings  and  specifications  89  160-161 

Notice  of  resolution,  remonstrance  ...  89  160-161 

Sealed  bids,  main  sewer  89  160-161 


598 


INDEX  TO  LAWS  AND  ORDINANCES. 


SEWERS — Continiiecl.  Section.  Page. 

May  regulate  connections  to,  by  ordinance  23  108-115 

Board  of  Public  Works  may  order  the  construction 

of  local  sewer  89  160-161 

Drawings  and  specifications  for  local  sewer  89  160-161 

Notice  of  resolution  for  local 89  160-161 

Remonstrance  89  160-161 

Sealed  bids  for  89  160-161 

Main  sewer  89  160-161 

Ordinances. 

Tapping  under  directions  of  Board  of  Works  660  396 

Penalty  for  tapping  contrary  to  provisions  661  396-397 

Taps  to  be  made  by  licensed  sewer  builder  662  396-397 

Permit  to  tap  received  from  whom  662  396-397 

Application  for  permit,  what  to  contain  662  396-397 

Excavations,  how  made  663  397 

Kind  of  material  used  664  397 

Inclinations  of  drains  allowed  665  397 

Connections  provided  with  trap 666  397-398 

Gate  valves  used  to  protect  premises  667  398 

Disturbing  old  drains  or  pipes 668  398 

Parties  not  assessed  must  pay  to  tap  669  398 

License  granted  to  whom  670  398-399 

Fee  required  670  398-399 

Comptroller  to  keep  record  of  licenses  670  398-399 

Board  of  works  may  revoke  license,  when  671  399-400 

Garbage  not  to  be  thrown  into 672  400 

Not  to  injure  or  obstruct  drains 673  400 

Examination  of  applicant  for  fitness,  bond  670  398-399 

Not  to  connect  until  completed 674  400 

Penalty  for  violating  ordinance 675  400 

Flushing,  license  required  for,  fee,  bond  676-677  401 

Regulation  of  work  678  401 

Penalty  for  violation  679  401-402’ 

SECOND  STREET. 

From  Wells  street  to  Barthold’s  addition,  form*erly 

Bowser  street  922  488 

SHOWS. 

Prohibited  from  parading  certain  animals,  where . . 587  378 

Bond  required  587  378 

Penalty  for  violation  of  ordinance 588  378-379 


INDEX  TO  LAWS  AND  ORDINANCES. 


599 


Section.  Page. 


SHOOTING  GALLERIES. 

Unlawful  without  license 718  416 

Granted  by  Comptroller,  upon  application  719  416-418 

Fee  for  license  required  719  416-418 

Term  of  license  721  418 

License  not  transferable  721  418 

License  subject  to  ordinances  of  city  722  418 

:\Iayor  may  refuse  to  issue 722  418 

What  provision,  license  to  contain 723  418 

Penalty  for  violating  provisions 723  418 

SHAWNEE  AVENUE. 

Name  of,  changed  to  Fox  avenue 930  490-492 


SIDEWALKS. 

Laws. 


7\Iay  regulate  the  use  of  by  ordinance  23  106-115 

Ordinances. 

On  certain  streets,  how  constructed  * 839  458-459 

Grades  for,  to  be  given  by  City  Engineer  840  459 

Building  without  grade,  penalty 840  459 

Cellar  doors,  not  to  project  above 841  459 

Placing  goods  on,  unlawful  843  460 

Auctions  on,  unlawful  844  460 

Riding  or  driving  on,  unlawful 845  460-461 

Cross  walks,  to  be  kept  clean 846  461 

Placing  building  material  on,  unlawful  847  461 

Policemen  to  report  defects  in ...  851  462 

Snow  and  ice  to  be  removed 853  462 

Accidents  reported  by  policemen 854  462 

How  constructed  as  to  slope,  projection,  etc  855  462-463 

Inflammable  material  and  boilers  under,  prohibited  856  463 

Owners  notified  to  repair  857  463 

Windows  and  porches  projecting,  unlawful  858  463 

Pots,  jars  and  boxes  on  windows  of  second  story, 

unlawful  859  463 

Splitting  wood  on,  unlawful  860  464 

Water  pipes  across,  unlawful  861  464 

Scaling  fish  on,  unlawful 862  464 

Throwing  stones  on,  prohibited 568  372 

Cutting  in  cement  walk,  prohibited  569  372 

Penalty  for  violation  of  ordinance 570-8 ’3  373-464 


600 


INDEX  TO  LAWS  AND  OKDINANCES. 


SIDEWALKS — Continued.  Section.  Page. 

Opening  of  prohibited,  only  by  plumber  or  gas  fitter  870  467 

Green  hides,  not  to  be  kept  on 763  432 

Unlawful  to  permit  to  become  or  remain  out  of  re- 
pair   537  365 

Scaffolds  over  for  buildings,  how  constructed,  pen- 
alty   543  366 

SIGNS  AND  BANNERS. 

Laws. 

May  prohibit  or  regulate  flying,  on  streets,  by  or- 
dinance   23  103-115 

Ordinances. 

Unlawful  to  string  on  streets  for  advertising  ....  533  365 

Width  of  signs  over  sidewalks  534  365 

SINCLAIR  STREET. 

From  St.  Mary’s  avenue  east,  formerly  Scholes 

street  930  490-492 

SINKING  FUND. 

Laws. 

Common  Council  shall  provide  for  payment  of 

bonds  and  interest  147  186-187 

Surplus  of,  where  applied  147  186-187 

For  payment  of  bonds  and  interest  of  refunding 

bonds  147  186-187 

SLAUGHTERING  HOUSES. 

T.,ocation  of,  within  certain  limits 768  434 

Penalty  for  violation  of  ordinance 769  434 

Rendering  lard,  tallow,  offal,  dead  riUimals.  etc  . . . 755  430 

Permit  Board  of  Health,  penalty 756  430-431 

SLEIGHS. 

Climbing  on,  unlawful  509  361 

SMOKE  STACKS. 

Laws. 

Construction  of,  may  be  regulated  by  ordinance  . . 23  106-115 

Ordinances, 

How  constructed  784  440 

Violation  of  ordinance,  penalty 785  440 

Repeated  violation,  penalty  786  440-441 


INDEX  TO  LAWS  AND  OKDINNACES. 


Section.  Page. 

SMALL  POX. 

Regulation  of  (5£’£’  Public  Health) 747  427 

Powers  of  Board  of  Health  in  cases  of  747  427 

SOUTH  WAYNE. 

Ordinance  annexing  same  to  city 906  480-481 

SPRINKLING  CARTS. 

How  constructed  830  456-457 

SPRINKLING. 

On  cross  walks,  prohibited  S31  457 

On  street  crossings,  prohibited 567  372 

Laws. 

Board  of  Public  Works,  shall  order  specifications 

for  93  163 

Costs,  assessment  of  94  163 

City  not  liable  94  163 

SPY  RUN  AVENUE. 

Franchise  on^  for  double  track  (.SVr  Ccntlrcrc  Street 

Raihvay  Company)  405  284 

SPRINKLING  AND  SWEEPING. 

Laws. 

Board  of  Public  Works  prepares  specifications  for  ^ 93  163 

Notice  to  contractors 93  163 

Costs  for,  assessment  of,  city  not  liable,  cost  how 

paid  94  163 

Duties  of  Comptroller  and  Treasurer  95  163-164 

Assessments,  when  payable  95  163-164 

Payments  installments,  not  allowed  95  163-164 

SPEED. 

Laws. 

May  regulate  on  streets,  by  ordinance  23  106-115 

Ordinances. 

Rate  of  on  streets  523  363-364 

On  turning  corners  524  364 

STREET  CARS. 

To  be  equipped  with  fenders 908  481-482 

Design  of,  to  be  approved  by  Board  of  Works  ....  909  482 


602 


INDEX  TO  LAWS  AND  ORDINANCES. 


STREET  CARS — Continued.  Section.  Page. 

Penalty  for  violating  ordinance 910  482 

Persons  prohibited  from  going  upon  fenders,  pen- 
alty   911  482 

STREETS  AND  ALLEYS. 

Ordinances. 

Unlawful  to  obstruct  with  building  material  808  451-452 

Unlawful  to  obstruct  with  chips,  shrubbery,  etc.  . . 809  452 

Obstruction  ordered  removed,  when  and  by  whom. 

penalty  810  452 

Unhitched  vehicles,  left  in,  unlawful  811  452 

Feeding  animals  in,  unlawful 812  452 

Erecting  building  in  or  upon,  unlawful  813  452-453 

Notice  to  owner  to  remove  S13  452-453 

Obstruction  by  teams,  how  regulated  814  453 

Railroad  gates  at  crossings 816  453 

Width  of  wagon  tires  to  be  used  on  817  453-454 

Preparing  building  material  on,  unlawful  818  454 

Driving  cattle  over,  how  many 819  454 

Protecting  new  streets,  how  820  454 

Extent  of  street  closed  in  repairing  or  building  . . 821  454 

Exhibiting  animals  on,  for  sale,  prohibited  822  454 

Private  lamp  post  on,  protected 823  454-455 

Drinking  fountains  may  be  erected  on  824  455 

Laying  pipes  and  paving  streets,  how  public  825  455 

Protected  from  injury  825  455 

Barricades  and  red  lights,  to  whom  applies  825  455 

Red  lights  and  barricades,  how  placed  827  455-456 

In  building  streets  827  455-456 

In  building  sewers  827  455-456 

In  building  vaults  827  455-456 

Building  material  on,  how  placed 827  455-456 

For  obstructing,  who  answerable  in  damages  828  456 

Auctions  on,  prohibited  844  460 

Herding  cattle  on,  unlawful  829  456 

Sprinkling  carts,  how  constructed. 830  451-457 

Sprinkling  on  cross  streets 831  457 

Penalty  for  violation  of  ordinance 832  457 

Burning  of  leaves  on,  prohibited 574  374 

Sprinkling  crossings,  prohibited 574  374 

Propelling  traction  and  other  engines,  over  573  373-374 


INDEX  TO  DAWS  AND  ORDINANCES.  ()03 

STREETS  AND  ALLEYS — Continued  Section.  Paj-e. 

Engine  tires  on  wheels  must  be  smooth  513  373-374 

Unlawful  to  haul  dirt  or  rubbish  over  paved  or 

macadamized 549  367 

Unlawful  to  haul  slops  over 550  367 

Unlawful  to  loiter  on  551  367 

Nirdlinger  avenue,  name  of,  changed  to  Swinney 

avenue  5134  488-489 

Grace  street,  changed  to  Esmond  street  930  490-492 

Grand  street,  changed  to  Thayer  street  930  490-492 

Shawnee  avenue  and  Fox  street  changed  to  Fox 

avenue  930  490-492 

Pritchard  street,  changed  to  Lavina  street  930  490-492 

Duryea  street  to  Poplar  street 930  490-492 

Charles  street,  part  of,  changed  to  Masterson  ave- 
nue   930  490-492 

Colerick  street  to  Dawson  street 930  490-492 

Allen  street  to  Woodland  avenue 930  490-492 

Crescent  avenue  changed  to  Meyer  avenue  930  490-492 

Metz  street  changed  to  Nelson  street  930  490-492 

Trentman  avenue  changed  to  Kinnaird  avenue  ....  930  490-492 

Griffith  street  changed  to  Fairfield  avenue  930  490-492 

Oneida  street  changed  to  Swayne  treet  930  490-492 

Imcust  street  changed  to  Bauer  avenue  930  490-492 

Lake  street  changed  to  Marie  street  930  490-492 

Ida  avenue  changed  to  Michigan  avenue  930  490-492 

Edsall  street  changed  to  Union  street  930  490-492 

Washington  street  changed  to  Washington  boule- 
vard   930  490-492 

North  street  changed  to  Fairmount  place  930  490-492 

Anna  street  change^’  to  Ferguson  street  930  490-492 

Park  street  changed  to  Anna  street  930  490-492 

Park  avenue  changed  to  Georgia  avenue  930  490-492 

Ninth  street  changed  to  McKee  street  930  490-492 

Tenth  street  changed  to  Colerick  street  930  490-492 

Scholes  street  changed  to  Sinclair  street  930  490-492 

Chicago  street  changed  to  Brooklyn  avenue  923  488 

Bowser  street  changed  to  Second  street  922'  488 

Thomasetta  street  changed  to  Hurd  street  921  487-488 

Julia  street  changed  to  Hurd  street  921  487-488 

Samuel  street  changed  to  Buchanan  street  920  487 

Alligar  street  changed  to  Grant  avenue  926  489-490 


604 


INDEX  TO  EA.WS  AND  ORDINANCES. 


STREETS  AND  ALLEYS— Continued  Section.  Pa^-e. 

Winch  street  changed  to  Wabash  avenue  926  489-490 

Maumee  road  changed  to  Maumee  avenue  926  489-490 

Penn  street  changed  to  Winch  street  926  489-490 

Hugh  street  changed  to  Alligar  street  926  489-490 

Eliza  street  changed  to  Penn  street  926  489-490 

Hamilton  street  changed  to  Wallace  street,  when..  919  487 

Reuss  avenue  opened  927  490 

Rubbish  removed  from,  who  may  order  810  452 

.lennison  street  changed  to  Fisher 921  487-488 

Laws. 

Regulating  speed  on,  by  ordinance  23  106-115 

Regulating  bridges,  culverts,  etc.,  by  ordinance  . . 23  106-115 

Trenches,  regulated  by  ordinance 23  106-115 

Regulate  use  of  sidewalks  by  ordinance  23  10.-115 

Throwing  of  sweepings  on,  regulated  by  ordinance  23  106-115 

Signs,  awnings,  etc.,  regulated  by  ordinance  23  106-115 

Hand  bills,  regulation  of  by  ordinance  23  106-115 

To  regulate  and  prevent  flying  of  flags  and  ban- 
ners   2’3  106-115 

Regulate  numbering  of  houses  by  ordinance 23  106-115 

To  change  the  name  of  streets  and  parks  23  106-115 

To  regulate  sewer  connections,  by  ordinance  23  106-115 

To  enforce  collection  for  making  sewer  connec- 
tions   23  106T15 

May  regulate  use  of  by  vehicles,  by  ordinance  . . 23  106-115 

May  close,  by  ordinance  23  106-115 

STREET  IMPROVEMENTS. 

Laws. 

Resolution  for,  contracts,  notice  of  resolution  ...  77  147-148 

Remonstrance  against,  two-third  vote  required  . . 77  147-148 

Advertising  for  bids,  selection  of  materials  77  147-148 

Two-third  vote  to  reverse  Board  as  to  material  . . 77  147-148 

Cost  of  improvement,  how  estimated  78  148-149 

To  be  assessed  according  to  benefits  78  148-149 

City  to  pay  street  crossings  78  148-149 

Tflens  include  what,  priority  of 79  149 

City  to  pay  what  portion  79  149 

Property  entitled  to  credit  when 79  149 

May  pay  assessments  in  installments  80  149-150 

Assessment  roll,  how  made 81  150-151 


INDEX  TO  LAWvS  AND  ORDINANCES. 


f)05 


STREET  I M PROVE M ENTS— Continued. 


Duplicate  of  assessments  to  be  delivered  to  Coin]) 


Prepayment  of  assessments 


Extend  delinquents  on  tax  duplicate 


Bonds  for  may  be  issued  to  contractor 
No  defense  allowed  against  bonds,  for 


Bonds  negotiable  as  bills  of  exchange  

One  default  matures  all  installments  

Suit  may  be  brought,  attorney’s  fees  

STREET  RAILWAYS. 

Franchise  on  West  Main  street,  Broadway  to  city 

limits  (See  Main  street) 332 

Franchise  on  Broadway,  .Jefferson  to  Creighton  ave- 
nue (See  Broadzvay)  304 

Franchise  on  Creighton,  Broadway  to  Fairfield  ave- 
nue (See  Creighton  avenue) . 304 


Section. 

Page, 

. SI 

150-151 

. 81 

150-151 

. 82 

151-152 

) 

. 82 

151-152 

. 82 

151-152 

(No 

152 

. S3 

152 

83 

152 

. 84 

152-153 

. 84 

152-153 

85 

153-159 

85 

153-159 

. 85 

153-159 

. 85 

153-159 

. 85 

153-159 

. 85 

153-159 

. 85 

153-159 

85 

153-159 

. 85 

153-159 

. 85 

153-159 

. 85 

153-159 

85 

153-159 

..  85 

153-159 

..  85 

153-159 

. 85 

153-159 

. 85 

153-159 

..  85 

153-159 

..  85 

153-159 

. 85 

153-159 

. 86 

159 

. 86 

159 

261-262 


252 


606 


INDEX  TO  LAWS  AND  ORDINANCEvS. 


STREET  RAILWAYS— Continued.  Section. 

Franchise  on  .Jefferson  street  to  Harmer  street 

(See  Jefferson  street) 263 

Franchise  on  Washington  street,  Harmer  to  Glas- 
gow avenue  {See  Washington  street)  263 

Franchise  on  Calhoun  street,  Main  to  Superior 

street  {See  Calhoun  street) 290 

Franchise  on  Superior  street,  Calhoun  to  Wells 

street  (5'rc  Superior  street) 290 

Franchise  on  Wells  street,  Superior  to  Cass  street 

(,SVr  U'^ells  street) 290 

Franchise  on  Third  street,  Cass  to  Wells,  {See 
Third))  See  Fort  Wayne  Street  Railway  Company 

as  to  use  of  electricity  for  motive  power 374 

See  Fort  Wayne  Street  Railway  Company  right  to 

lay  double  tracks  on  certain  streets  421-426 

Franchise  to  Fort  Wayne  Electric  Company  on 

Lewis  street  {See  Lezvis  street) 421 

Franchise  to  C.  L.  Centlivre  on  Superior  street 
and  Spy  Run  avenue  ((.S>r  Centliz’re  Street  Rail- 

zvay  Company)  405 

Double  track  on  Broadway,  Main  to  Washington 

street  {See  Broadzvay) 426 

Franchise  to  Fort  Wayne  Street  Railway  Company 

on  Clinton  and  I^ewis  streets  {See  Lezvis  street)  388 
Franchise  to  Fort  Wayne  Street  Railway  Company 

on  Wells  street  (5'rr  Wells  street)  418 

Franchise  to  R.  T.  McDonald  on  C olumbia  street 

and  Columbia  avenue  {See  Columbia  street)  ....  355 
Franchise  to  Fort  Wayne  Street  Railway  Company 
on  Wallace,  .John  and  Creighton  avenue  {See 

IVallace  street)  319 

Franchise  to  Citizens’  Street  Railway  Company  {See 

Citis;ens'  Street  Railzvay  Company)  249 

Right  to  lay  double  track  on  Calhoun  street  {See 

Calhoun  street) 279 

STREET  SPRINKLERS. 

Use  of  prohibited  during  time  of  fire  618 

SUPERIOR  STREET. 

Double  track  on  {See  C.  L.  Centliz're  Street  Railzvay 

Company) 405 


Page. 

240-241 

240-241 

240-241 

240-241 

240-2’41 

374-375 

290-291 

290 

284 

291 
279 

288-289 

268 

257-258 

z37 

244-245 

386 

284 


INDEX  TO  LAWS  AND  OKDINANCES. 


()0 


SUPERIOR  STREET— Continued.  Section. 


Citizens’  Street  Railway  Company  franchise  on  {See 

Calhoun  franchise)  : 290 

Double  tracks  on  by  Fort  Wayne  Street  Railway 

Company  385 

Franchise  to  C.  L.  Centlivre  for  street  railway  . . 266 

Pavement,  extent  of  268 

Repairing  when 268 

Rails,  kind  269 

Condition  of  repair,  notice,  failure,  penalty  270 

Speed,  regulation  of  271 

Right  of  way,  who  has 272 

Excavations  by  city  273 

Repairs,  street,  how  left  274 

City  indemnified  275 

Bond  276 

Conditions  of  ordinance  277 

SUPERINTENDENT  OF  POLICE. 

Laws. 

Powers  of,  in  searching  premises 106 

Suppress  gambling,  lotteries,  sale  of  lottery  tickets  106 

Power  to  administer  oaths  in  certain  cases  105 

Subordinate  to  orders  of  Mayor,  when  99 

Has  exclusive  control  of  police  and  fire  forces...  99 

Appointment  of 99 

Ordinances. 

May  order  rubbish,  etc.,  removed  from  streets  and 

alleys  810 

May  order  removal  of  vehicles  and  teams  from 

street,  when  814 

SWINE. 

Unlawful  to  keep  within  city  limits  525 

SWINNEY  AVENUE. 

Xirdlinger  avenue  changed  to 924 

SWEEPINGS. 

Laws. 


May  regulate  depositing  of,  on  streets,  by  ordi- 
nance   23 

Board  of  Public  Works  may  order  specification  for  93 
Cost  how  paid  94 


Page. 


248 

278 

241 

242 
242 

242 

242-243 

243 
243 

243 

244 
244 
244 
244 


168-169 

168-169 

168 

165-166 

165-166 

165-166 


452 


453 


364 


488-489 


106-115 

163 

163 


608  INDEX  TO  LAWS  AND  ORDINANCES. 

Section. 

SWAYNE  STREET. 

From  Shawnee  avenue  to  South  Wayne  avenue, 
formerly  Oneida  930 

nr 


TAXES. 

Laws. 

Levy  of  for  compulsory  education  act  212 

Levy  of  for  public  library  purposes  221 

County  Treasurer  pay  delinquent  school  taxes  to 

Board  of  School  Trustees 127 

Delinquent  list,  auditor  makes,  penalty  and  inter- 
est   129 

Enforcement  of  payment,  kind  of  notice  130 

Enforcing  bids  on  tax  sales,  treasurer’s  guaranty, 

how  131 

Tax  certificates,  issuing  of,  redemption,  quieting  title  132 

Interest  and  penalties  collected 132 

County  Treasurer  to  settle  city  taxes  with  Auditor  124 
County  Treasurer  to  pay  school  taxes  to  Board  of 

School  Trustees  128 

Delinquent  list,  what  it  must  show 126 

Treasurer  to  make  settlement  with  Auditor  of  all 

delinquent  city  and  school  taxes  127 

Comptroller  to  certify  levy  to  Auditor  120 

County  Treasurer  to  collect  all  city  taxes 123 

Levy  and  sale  of  property  123 

Special  taxes,  how  collected,  receipts  and  licenses  115 

Assessments  for,  how  made 117 

Council  to  levy  tax,  amount  of  levy  29-119 

Failure  to  fix  levy  by  Council,  former  levy  con- 
tinued   36 

TAXES,  CITY. 

County  Auditor  authorized  to  refund,  when  900 

Statement  by  Auditor  to  council,  when  900 

TERRACES. 

Along  sidewalks,  to  be  sodded 894 

Penalty  for  violation  of  ordinance 895 


Page. 


490-492 


220-221 

219 

178 

178- 179 

179 

179- 180 

180 
180 

176- 177 
178 

177- 178 
178 

174-175 

176 

176 

172' 

173 

117-118-174 

119 


478-479 

478-479 


474-475 

475 


INDEX  TO  DAWS  AND  OKDINANCK.S.  609 

Section.  Page. 


TENEMENT  HOUSES  AND  FACTORIES. 

Shall  be  furnished  with  privies 872  468 

Vault,  how  constructed,  water  tight  872  468 

Notice  by  Board  of  Health,  to  whom  873  468 

To  what  houses  does  not  apply 876  469 

TENTH  STREET. 

Name  of,  changed  to  Colerick  street  930  490-492 

TELEGRAPH. 


See  Home  Telephone  and  Telegraph  Company  . . 456  342 

See  Fort  Wayne  District  Telephone  and  telegraph 


company  455  339 

TELEPHONE. 

See  Home  Telephone  and  Telegraph  Company  ....  456  342 

See  Fort  Wayne  District  Telephone  and  Telegraph 

Company  455  339 

THIRD  STREET. 

Citizens  Street  Railway  Company,  franchise  (Wcc 

Calhoun  franchise)  ..290  248-249 

THROWING  STONES. 

Throwing  stones  or  other  missies  in  streets,  unlaw- 
ful   516  362 

THEATRICAL  PERFORMANCES  AND  SHOWS. 

Laws. 

May  pass  ordinance  to  license 23  106-115 

Ordinances. 

License  required  for  718  416 

License  issued  by  Comptroller  upon  application...  719  416-418 

Fees  for  license  719  416-418 

Lectures  or  scientific  subjects  and  arts,  excepted.  720  418 

Term  of  license  721  418 

License  not  transferable  721  418 

License  subject  to  city  ordinances 722  418 

Mayor  may  refuse  to  issue  license 722  418 

Provisions  of  license  723  418 

Penalty  for  violating  provisions 723  418 

Places  where  prohibited,  penalty 72'4  418-419 

T.obbies  and  aisles  to  be  kept  clear 726  419 


610  INDEX  TO  LAWS  AND  ORDINANCES. 

Section.  Page. 

THEATRICAL  PERFORMANCES  AND  SHOWS— Continued. 


Duty  of  police,  penalty  726  419 

Standing  in  lobby  or  entrance,  prohibited,  penalty.  . 727  419 

Record  of  license  kept  by  Comptroller  728  419 

Penalty  for  violating  ordinance 729  419 

THOMASETTA  STREET. 

Name  of  changed  to  Hurd  street 921  487-488 

THAYER  STREET. 

From  Gay  street  east  to  P.,  Ft.  W.  & C.  R.  R.,  for- 
merly Grand  street 930  490-492 

TRESPASSING. 

Unlawful  to  enter  premises  of  another  without  per- 
mit   529  364 

TRANSCRIPTS. 

Fees  of  City  Clerk  for  making 899  478 

TRENTMAN  AVENUE. 

Name  changed  to  Kinnaird  avenue 930  490-492 

TREES. 

Shade  trees,  where  planted  848  461 

May  be  removed  by  Board  of  Works  if  planted  con- 
trary to  ordinance  848  461 

How  trimmed  849  461 


Laws. 

Cities  and  towns  may  compel  planting  of  . 
Council  can  pass  ordinance  for  protecting 

TRUANT  OFFICERS. 

Laws. 

Appointment  and  duties  

Pay  of  

Time  of  service  

TRANSFERS,  SCHOOLS. 

Laws. 


2'00  214 

201  214-215 


145  185-196 

145  185-196 


213  221-222 

215  222  . 

215  222 


When  can  be  made 
Payment  for  transfer 


INDKX  TO  LAWS  AND  ORDINANCES.  611 

IJ 

UNION  STREET. 

From  Main  street  to  Berry  street,  formerly  Edsall 


street  930  490-491 

\ 

VACANCIES. 

Laws. 

In  elective  office,  how  filled 43  123 

VAULTS. 

To  be  connected  with  sewer 680  402 

Necessary  trap  used  to  connect 680  402 

Penalty  for  violation  of  ordinance 681  402 

Ordinance,  regulating,  construction  of  872  468 

Depth  of,  must  be  water  tight  872  468 

When  deemed  a nuisance  874  468 

Contents,  where  deposited  875  469 

Duty  of  owner  to  keep  clean,  who  liable  for  main- 
taining as  a nuisance  874  468 


VAGRANTS. 

Laws. 

May  restrain  and  punish  by  ordinance  23  106-115 

VEHICLES. 

Laws. 


May  regulate  use  of  on  streets,  by  ordinance  ....  23  106-115 

May  provide  for  payment  of  license  for,  by  ordi- 
nance   23  106-115 

Ordinance. 

Left  standing  in  street,  how  long 811  452 

May  be  ordered  removed  from  street,  when  814  453 

Unlawful  to  obstruct  fire  department,  with  805  450 

VOTERS. 

Laws. 

Qualifications  of  140  183 

Members  of,  to  each  precinct 141  184 

"W 

WABASH  AVENUE. 

From  Pioneer  avenue  to  New  Haven  road,  for- 
merly Winch  street 926  489-490 


612  INDEX  TO  LAWS  AND  ORDINANES. 

Section. 

WALLACE  STREET. 

From  Calhoun  to  Lafayette  street,  formerly  Hamil- 
ton street  919 

WATER  PIPES. 

Laws. 

To  authorize  inspection  of,  by  ordinance  23 

WATER. 

Laws. 

May  license,  tax  and  regulate  use  of,  by  ordinance  23 


WATER  WORKS  TRUSTEES. 

Laws. 

Power  of,  time  of  election,  present  trustees  136 

Collection  of  water  rents,  have  power  136 

Laws  repealed,  emergency  137-138 

Ordinances. 

To  set  aside  sinking  fund  898 


WATER  WAYS. 

Laws. 

To  keep  open,  prevent  water  from,  patent  in,  pro- 
vide for  change  in  course,  etc.,  by  ordinance  . . 23 


WARRANTS. 

Laws. 

When  may  be  drawn  34 

Issuing  of,  without  appropriations,  penalty  57 

Illegal,  Comptroller  liable,  if  he  pays  59 


WATER  COURSES. 

Laws. 

Board  may  locate  and  change  location  23-87 

Resolution,  advertisement  87 

Assessments,  collection  88 

WAGONS. 

Climbing  on,  unlawful  509 

Width  of  tires  on,  to  be  drawn  over  certain  streets  817 


Page. 


487 


106-115 


106-115 


182-183 

182-183 

183 

477 


106-115 


119 

132- 133 

133- 136 


106-115-159 

159 

159-160 


361 

453-454 


INDEX  TO  LAWS  AND  OKDINANCEvS. 


61 


WASHINGTON  STREET.  Section.  Page. 

Citizens  Street  Railway  franchise  on,  from  Harmer 

street  to  Glasgow  avenue 2G3  240-241 

Name  of  street  changed  to  Washington  boulevard  930  490-492 

WASHINGTON  BOULEVARD. 

From  Calhoun  street  to  Swinney  park,  formerly 

Washington  street  930  490-492 


WALLACE  STREET. 

Franchise  to  Fort  Wayne  Street  Railway  Company 


on  John  street  and  Creighton  avenue  319  257-259 

Grade  of  track,  pavement,  extent  of  321  258-259 

Change  of  pavement  when 321  258-259 

Kind  of  rails 322  259 

Condition  of  repair,  notice,  failure,  penalty  323  259 

Speed,  regulation  of  324  259 

Right  of  way,  who  entitled  324A  259 

Excavation  by  city,  relaying  track  325-326  2'60 

City  indemnified  327  260 

Cuts  and  fills,  who  to  make 328  260 

Fares  and  transfers  329  261 

Switches,  kind  330  261 

Bond  .' 331  261 

Franchise  on  to  Citizens  Company  (See  Citizens 

Street  Raikvay  Company) 249  237 


WARDS. 

Laws. 


Number  of,  boundaries,  change  of 10  103 

Number  of  councilmen  from  each 11  103 

Councilmen  elected  must  be  a resident  and  voter  of  12  103 

Ordinances. 

Boundaries  968  507-512 

Territory  annexed  to  Tenth  Ward 969  512-513 


WATER  WORKS. 

Laws. 

Trustees  of,  to  set  aside  sinking  fund  898  477 

Cities  and  towns  having  population  of  less  than 

45,000  may  issue  bonds  for  construction  of  ....  225  225-226 


614 


INDEX  TO  LAWS  AND  ORDINANCES. 


WATER  WORKS — Continued.  Section,  Page. 

Denomination  of  bonds,  when  andwhere  payable  . . 2'25  225-226 

Building  of  submitted  to  vote,  election  may  be  or- 
dered upon  petition  225  225-226 

Majority  must  vote  therefor  before  election  225  225-226 

Notice  of  election  225  225-226 

Location  of  and  condemnation  of  property  22'6  226-228 

In  what  cases  consent  of  owner  obtained  226  226-228 

Property  condemned  not  to  be  used  for  other 

purposes  226  226-228 

Commissioners  appointed  to  appraise  property  . . . 226  226-228 

Oath  of  commissioners 2'26  226-228 

Notice  to  commissioners  and  owners  of  property.  . . 226  226-228 

Commissioners  to  examine  property,  hear  evidence 

and  make  report  and  file  same 227  228 

Tender  of  damages  assessed  and  when  kept  by 

Treasurer  of  company  as  special  deposit  228  2'28 

Acceptance  or  rejection  of  terms  of  report  229  228-22'9 

Appeal  may  be  taken  by  aggrieved  party  229  229 

Board  of  Trustees  of,  their  election  and  term  of 

office  230  229 

Compensation  of  and  bond  of  trustees  231  229 

Powers  and  duties  of  trustees  of 231  229 

By-laws  and  regulations^ 232'  229 

Water  rents,  assessment  and  collection  of  233  229-230 

Application  of  surplus  fund,  after  paying  expenses 

of  operation  234  230 

Reports,  monthly  and  annually  made  by  trustees  235  230 

Money  collected,  to  be  deposited,  where  235  230 

Money  deposited,  how  kept  and  drawn  out  236  230 

Contract  for  building,  trustees  authorized  to  make  237  230 

Ratification  of  contract  237  230 

Committee  of  investigation,  may  be  appointed  ....  238  231 

Party  offending,  may  be  removed 238  231 

For  what  purpose,  no  charge  for  water  furnished.  239  231 

Attachments  to  water  works  subject  to  super- 
vision, rules,  etc.,  of  240  231 

Contracts,  giving  and  letting  of 241  231-232 

Contractor,  shall  give  bond 242  232 

Trustees  cannot  be  a contractor 242  232 

Tax,  levying  of,  to  pay  principal  and  interest  on 

money  borrowed  243  232 


INDEX  TO  LAWvS  AND  ORDINANCEvS.  615 


WATER  WORKS— Continued.  Section.  Page. 

Tax  levied,  a lien  and  how  collected  2'44  232 

.Jurisdiction  of  cities  and  towns  owning,  for  245  232-233 

Prevention  of  pollution,  of 245  232-233 

Property  and  water  power  may  be  condemned  in 

certain  cases,  proceedings  in  such  cases  ....  245  232-233 

Business  may  be  enjoined  246  233 

Laws  repealed  247  233 

Emergency  2‘ti  233 

Water  Works  Trustees,  powers,  time  of  election..  136  182-183 

Present  trustees,  collection  of  water  rents  137  183 

Laws  repealed  137  183 

WEIGHMASTER,  WEIGHTS  AND  MEASURES. 

Unlawful  to  use  false  {See  Market) 62’9  389 

Size  of  measure  630  389 

WEEDS,  NOXIOUS. 

Declared  to  be  a nuisance 779  438 

Unlawful  to  permit  growing  of 780  438 

Board  of  Health  to  inspect  lots  and  streets  781  438-439 

Notice  to  owners  to  cut  weeds 781  438-439 

Notice,  how  served  781  438-439 

Publication  when  781  438-439 

Failure  of  owner  to  cut.  Board  to  have  work  done  782  439-440 

Money  appropriated  by  city  for  purpose  782  439-440 

Recovered  in  action  by  city 782  439-440 

Misdemeanor,  penalty  783  440 


WELLS  STREET. 

Citizens  Street  Railway  franchise  on  {See  Calhoun 


franchise)  290  248 

Fort  Wayne  Street  Railway  Com  pany  franchise 
granted  1897,  double  and  single  track,  north  of 

St.  Mary’s  bridge 418  288-289 

Operated  by  electric  power 418  288-289 

Removing  tracks  from  Cass  street 418  288-289 

Pavement,  extent  of,  foundation 419  289 

Subject  to  previous  ordinance 419  289 

Bond  for  performance  420  289 


616 


INDEX  TO  DAWS  AND  ORDINANCES. 


, Section,  Page. 

WHISTLES. 

Laws. 

Sounding,  may  be  prevented  by  ordinance  23  100-115 

Ordinances. 

Locomotive,  see  038  391 

WINDOWS. 

Washing  of,  when  prohibited 852  462 

WINCH  STREET. 

Name  of,  changed  to  Wabash  avenue  926  489-390 

WINCH  STREET,  ESTABLISHED. 

From  Alligar  street  to  Lumbard  street,  formerly 

Penn  street 926  489-490 

WITNESSES. 

Laws. 

Refusal  to  testify,  report  to  court 27  116-117 

Refusal  to  obey  order  of  court,  contempt  27  116-117 

Testimony  in  criminal  cases  27  116-117 

WOODLAND  AVENUE. 

From  Lafayette  street  to  Hoagland  avenue,  for- 
merly Allen  street 930  490-492' 


AMENDMENTS  TO  CITY 
CHARTER. 


Note — The  followingr  Amendments  to  the  Charter  of  Fort  Wayne 
were  passed  by  the  General  Assembly  of  the  State  of 
Indiana  after  the  main  body  of  this  book  had  g-one  to  press. 

AN  ACT  to  amend  Section  one  (i)  of  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Indiana  entitled  ‘‘An 
act  to  amend  Sections  2,  ii,  12,  6y  and  77  of  an  act 
entitled  ‘An  act  concerning  the  incorporation  and  gov- 
ernment of  cities  having  more  than  thirty-five  thousand 
{35,000)  population,  according  to  the  last  preceding 
United  States  census,  and  matters  connected  there- 
with, and  declaring  an  emergency f approved  March 
3, 1893,”  'tvhich  said  amended  act  vjas  approved  ]\/I arch 
6,  i8q/,  and  declaring  an  emergency. 

' (S.  111.  Approved  March  7,  1901.) 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Indiana,  That  Section  i of  the  above  entitled 
act  be  amended  to  read  as  follows : 

The  elective  officers  of  such  cities  shall  be  a Mayor, 
Municipal  Judge,  City  Clerk  and  Councilmen  as  hereinafter 
provided.  The  general  elections  of  such  cities  shall  be  held 
as  hereinafter  provided,  on  the  first  Tuesday  in  May,  1901, 
and  on  the  first  Tuesday  in  May  in  every  fourth  year 
thereafter,  at  which  general  election  there  shall  be  elected 
a Mayor,  Municipal  Judge  and  City  Clerk,  all  of  whom, 
when  so  elected,  shall  hold  their  offices,  respectively,  for  a 
period  of  four  years,  and  until  their  successors  are  elected 
and  qualified : Provided,  That  no  Municipal  Judge  shall 

be  elected  until  the  general  election  to  be  held  in  May,  1905. 
Councilmen  for  such  cities,  as  hereinafter  provided,  shall 
be  elected  on  the  first  Tuesday  in  May,  1901,  and  on  the 


2 


AMENDMENTS  TO  CITY  CHAKTEK. 


first  Tuesday  in  May  of  every  second  year  thereafter,  and 
such  Councilmen,  so  elected,  shall  hold  their  offices,  re- 
spectively, for  a term  of  two  years,  and  until  their  suc- 
cessors are  elected  and  qualified. 

Sec.  2.  Whereas  an  emergency  exists  for  the  im- 
mediate taking  efifect  of  this  act,  therefore  the  same  shall 
be  in  force  and  effect  from  and  after  its  passage. 


AN  ACT  to  amend  Sections  42,  45,  46,  4/,  48,  4^,  50,  51, 
53y  97’  99’  ^02,  14,4,  155  and  i^6  of  an  act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled  “An 
act  concerning  the  incorporation  and  government  of 
cities  having  more  than  thirty-hve  thousand  (j5,ooo) 
and  less  than  forty-nine  thousand  (4p,ooo)  popula- 
tion, according  to  the  last  preceding  United  States  cen- 
sus, and  matters  connected  thereuntil,  and  declaring 
an  emergency,  approved  March  y,  iSpy,”  and  repeal- 
ing all  lau's  in  conflict  therezvith  and  declaring  an 
emergency. 

(S.  112.  Approved  March  7,  1901.) 

Section  i.  Be  it  enacted  by  dhe  General  Assembly 
of  the  State  of  Indiana,  That  Section  42  of  this  act  shall 
be  amended  to  read  as  follows : 

Section  42.  There  shall  be  chosen  at  the  general  elec- 
tion to  be  held  in  such  cities  on  the  first  Tuesday  in  May, 
1901,  and  on  the  first  Tuesday  in  May  in  every  fourth  year 
thereafter,  a iNIayor  and  a City  Clerk,  each  of  whose  terms 
of  office  shall  commence  at  twelve  o’clock  noon  on  Thurs- 
day next  after  their  election,  and  shall  continue  four  years 
or  until  their  respective  successors  shall  have  been  elected 
and  qualified,  except  as  hereinafter  otherwise  provided. 

No  person  shall  be  qualified  for  the  office  of  Mayor 
who  has  not  been  a citizen  and  resident  of  any  such  city 
for  three  years  previous  to  his  election,  and  who  is  not  at 
least  twenty-five  years  of  age,  and  no  person  who  has  been 
elected  to  the  office  of  Mayor  of  any  such  city  for  two  con- 
secutive terms  previous  to  the  date  of  the  next  election  on 


AMENDMENTS  TO  CITY  CHAKTEK. 


the  first  Tuesday  in  Alay,  1901,  shall  be  eligible  to  election 
to  said  office  for  the  next  ensuing  term,  and  thereafter  no 
person  shall  be  eligible  to  the  office  of  Mayor  more  than 
four  years  in  any  period  of  twelve  years. 

Sec.  2.  Section  45  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  45.  It  shall  be  the  duty  of  the  Mayor  to  cause 
the  ordinances  of  the  city  and  the  laws  of  the  state  to  be 
executed  and  enforced  except  as  hereinafter  otherwise  pro- 
vided ; to  communicate  to  the  Council  at  least  once  a year 
a statement  of  the  finances  and  general  condition  of  city 
affairs,  and  also  such  information  in  relation  to  the  same 
as  he  may  be  called  upon  to  furnish  from  time  to  time;  to 
make  such  recommendations  in  writing,  by  message  to  the 
Council,  as  he  may  deem  expedient ; to  call  special  meet- 
ings of  the  Council  when  he  may  deem  the  same  expedient ; 
to  perform  such  duties  of  an  executive  and  administrative 
character  as  may  be  prescribed  by  law ; to  fill  by  appoint- 
ment vacancies  for  unexpired  terms  in  all  the  elective  offices 
except  that  of  Municipal  Judge,  to  appoint  the  heads  of  all 
departments,  except  the  commissioners  of  the  Department 
of  Public  Safety,  and  to  appoint  the  Commissioners  of  the 
Board  of  Public  Works  and  the  Commissioner  of  Public 
Health,  as  hereinafter  created,  and  who  shall  hold  office 
until  their  successors  are  appointed  and  qualified : Pro- 

vided, That  the  Mayor  at  any  time  may  suspend  or  remove 
from  office  any  or  all  of  such  persons  who  have  been  ap- 
pointed by  him  or  anv  predecessor  in  the  office  of  Mayor, 
by  notifying  the  official  to  be  removed  in  writing  and  send- 
ing a message  stating  the  fact  to  the  City  Council  with 
reasons  for  the  act ; to  sign  all  bonds,  deeds  and  written 
contracts  of  the  corporation  and  all  licenses  issued  by  such 
city  pursuant  to  law,  by  any  department,  and  shall  have 
power  to  revoke  or  suspend  any  such  licenses  in  all  proper 
cases;  to  approve  or  disapprove  in  writing  within  ten  (10) 
days  after  receiving  the  same,  every  ordinance  or  resolu- 
tion of  the  Council,  and  he  shall  transmit  to  the  body  in 
which  the  same  originated  within  such  time  a message  an- 
nouncing such  approval  or  veto  ; in  case  of  veto  he  shall  state 


4 


AMENDMENTS  TO  CITY  CHAKTEK. 


in  writing  his  reasons  therefor ; and  such  resolution  or  ordi- 
nance shall  not  become  operative  unless  the  same  is  passed 
over  such  veto  by  a two-thirds  vote  of  the  Common  Council : 
Provided,  That  in  ordinances  appropriating  money  or  levy- 
ing taxes,  the  Mayor  may  approve  or  disapprove  of  the  sep- 
arate items  of  such  appropriation  or  levy.  In  case  of  disap- 
proval of  any  item  or  items  and  approval  of  the  remainder  of 
the  ordinance,  so  much  of  the  same  as  is  approved  shall  be 
law  and  operative,  unless  passed  over  his  veto  by  a two- 
thirds  vote  as  above  provided ; to  call  together  in  public  ses- 
sion the  heads  of  departments,  except  of  assessment  and 
collection,  and  except  the  Board  of  Public  Safety,  for  con- 
sultation and  advice  upon  the  affairs  of  the  city,  at  least 
once  a month,  and  to  call  on  the  heads  of  such  departments 
for  reports  from  the  same,  which  it  shall  be  their  duty  to 
prepare  and  submit  in  writing.  Records  shall  be  kept  by 
the  City  Clerk  of  such  meetings  as  above  provided  for,  and 
rules  and  regulations  shall  be  adopted  thereat  for  the  ad- 
ministration of  the  affairs  of  such  city  departments  not  in- 
consistent with  any  law  or  ordinance,  which  regulations 
shall  prescribe  a common  and  systematic  method  of  ascer- 
taining fitness  of  applicants  for  office,  position  and  pro- 
motion, and  of  selecting,  appointing  and  promoting  those 
found  to  be  best  fitted ; to  appoint,  as  often  as  he  thinks 
proper,  three  competent  persons  to  examine  without  notice 
the  accounts  of  any  such  department,  officer  or  employe 
and  the  money,  securities  and  property  of  such  city  in  their 
possession  or  charge,  and  report  the  result  of  such  investi- 
gation, and  perform  such  other  duties  as  the  nature  of  his 
office  and  the  interests  of  the  city  shall  require ; to,  until 
12  o’clock  noon  on  the  9th  day  of  May,  1901,  and  until  a 
Municipal  Judge  has  been  appointed  and  qualified  under 
this  act,  exercise  and  perform  all  of  the  judicial  duties 
with  which  he  is  invested  by  the  act  of  which  this  act  is 
amendatory.  The  Mayor  shall  give  bond,  payable  to  the 
State  of  Indiana,  in  any  penal  sum  not  less  than  three  thou- 
sand dollars  ($3,000),  to  be  approved  by  the  Clerk  of  the 
Circuit  Court,  with  sufficient  security,  conditioned  for  the 
faithful  performance  as  Mayor  and  all  other  duties  herein 


AMENDMENTS  TO  CITY  CHAKTEK.  5 

required,  and  shall  file  the  same  with  the  Clerk  of  the  Cir- 
cuit Court  of  the  county  wherein  such  city  shall  be  located, 
within  the  time  designated  by  law  for  justices  of  the  peace. 

Sec.  3.  Section  46  of  this  act  shall  be  amended  to 
read  as  follows ; 

Section  46.  On  and  after  12  o'clock  noon  of  the  9th 
day  of  May,  1901,  the  judicial  power  of  such  city  shall  be 
vested  in  a city  court ; the  officers  thereof  shall  be  one 
judge,  a clerk  and  a bailiff.  The  style  of  such  court  shall 

be  “The  ^lunicijial  Court  of  the  City  of ” 

according  to  the  name  of  such  city.  Said  court  shall  be  a 
court  of  record,  and  all  its  judgments,  decrees,  orders  and 
proceedings  shall  have  the  same  force  and  effect  as  those 
of  circuit  courts  of  record,  except  that  no  judgment  shall 
be  a lien  on  the  real  estate  otherwise  than  is  provided  by 
taking  transcript,  and  the  same  shall  be  in  force  in  the 
same  manner  as  liens  by  transcripts  from  justices  of  the 
peace  in  similar  cases.  The  Mayors'  courts  of  such  cities 
are  hereby  abolished  on  and  after  said  9th  day  of  May, 
1901,  and  such  Mayors  shall  turn  over  to  the  judge  of  such 
court  all  books,  papers,  dockets,  documents  and  property 
relating  and  belonging  to  sucb  Mayor’s  court. 

The  ^Municipal  Judge  shall  provide,  at  the  expense  of 
the  city,  a seal  for  such  court  that  shall  contain  on  the  face 

the  words  “The  ^Municipal  Court  of , 

Indiana,”  the  blank  to  be  filled  with  the  name  of  the  city. 
A description  of  such  seal,  together  with  an  impression 
thereof,  shall  be  spread  on  the  records  of  such  court.  No 
change  of  venue  shall  be  taken  from  such  court,  but  anv 
defendant  may  take  a change  of  venue  from  any  judge 
thereof  as  is  now  provided  by  law  relating  to  criminal  and 
circuit  courts.  The  ]\Tunicipal  Judge,  as  hereinbefore  pro- 
vided, shall  be  elected  on  the  first  Tuesday  of  May,  nine- 
teen hundred  and  five  (1905)  A.  D.,  and  on  the  first  Tues- 
day in  May  in  every  fourth  year  thereafter,  and  shall  serve 
for  a term  of  four  years.  The  office  of  Municipal  Judge 
shall,  however,  from  said  9th  day  of  May,  1901,  until  the 
first  Tuesday  of  May,  nineteen  hundred  and  five  (1905) 
A.  D.,  be  filled  by  appointment  by  the  Governor  of  Indiana, 


6 


AMENDMENTS  TO  CITY  CHARTER. 


whose  duty  it  becomes  on  or  immediately  after  the  9th 
day  of  May,  1901,  to  select  some  attorney  at  law  of  good 
standing,  who  shall  have  been  a resident  in  such  city  for 
three  years  next  previous  to  his  selection,  to  serve  as 
jAlunicipal  Judge  until  such  day  of  election.  The  term  of 
said  judge  shall  begin  immediately  upon  his  appointment, 
and  he  shall  serve  until  his  successor  is  elected  and  quali- 
fied. He  shall  execute  a bond,  payable  to  the  State  of 
Indiana,  in  the  penal  sum  of  two  thousand  dollars  ($2,000), 
with  good  and  sufficient  surety,  to  be  approved  by  the 
Mayor  and  filed  in  the  office  of  the  City  Comptroller,  con- 
ditioned for  the  faithful  and  honest  discharge  of  the  duties 
of  his  office.  He  shall  hold  daily  sessions  of  the  municipal 
court,  Sundays  excepted,  at  a place  within  such  city  pro- 
vided and  designated  by  the  City  Council,  and  it  shall  be 
the  duty  of  the  Common  Council  of  such  city  to  provide 
a suitable  place  for  the  holding  of  such  sessions  of  such 
court  at  the  expense  of  such  city.  He  shall  have  and  exer- 
cise within  such  county,  in  which  such  city  is  located,  the 
powers  and  jurisdiction  now  or  hereafter  conferred  upon 
justices  of  the  peace  in  all  crimes  and  misdemeanors,  ex- 
cept as  herein  otherwise  provided.  He  shall  have  exclusive 
jurisdiction  of  all  violations  of  the  ordinances  of  such  city. 
He  shall,  also,  have  original  concurrent  jurisdiction  with 
the  circuit  courts,  in  all  cases  of  petit  larceny  and  all  other 
violations  of  the  laws  of  the  state  where  the  penalty  pro- 
vided therefor  can  not  exceed  a fine  of  five  hundred  dollars 
($500)  and  imprisonment  not  exceeding  six  (6)  months. 

In  the  trial  of  any  person  in  the  municipal  court  for 
the  violation  of  any  law  of  this  state  or  ordinance  of  such 
city,  the  court  or  jury  shall  have  power  to  assess  a fine  in 
any  sum  not  exceeding  five  hundred  dollars  ($500),  or 
adjudge  imprisonment  as  a part  of  the  sentence  for  any 
time  not  exceeding  six  (6)  months  in  the  county  jail,  work- 
house,  or  other  lawfully  designated  place  of  confinement, 
either  or  both.  Such  judge  shall  have  full  power  and 
authority  to  make  and  adopt  rules  and  regulations  for  con- 
ducting the  business  of  said  court  not  repugnant  to  the 
laws  of  this  state,  and  shall  have  all  powers  incident  to  a 


AMENDMENTS  TO  CITY  CHAKTEK. 


7 


court  of  record  in  relation  to  the  attendance  of  witnesses, 
the  punishment  of  contempt  and  enforcement  of  its  orders, 
and  to  issue  commissions  for  taking  depositions  in  cases 
pending  in  said  court.  He  shall  have  full  authority  to  ad- 
minister oaths  and  to  give  all  necessary  certificates  for  the 
authentication  of  the  records  and  proceedings  of  said  court 
in  the  matter  of  appeals,  and,  in  the  trial  of  any  person 
charged  with  the  violation  of  any  law  of  this  state,  such 
court  shall  be  governed  as  far  as  may  be  by  the  law,  rules, 
practices  and  pleadings  relating  to  circuit  courts,  except 
wherein  otherwise  provided,  and  in  the  trial  of  any  person 
charged  with  the  violation  of  any  such  ordinance  of  such 
city,  such  court  shall  be  governed  as  far  as  may  be  by  the 
laws,  rules,  practices  and  pleadings  now  in  force  relating 
to  the  Mayors’  courts,  except  where  herein  otherwise  pro- 
vided. Appeals  shall  be  from  the  judgment  of  said  court  in 
criminal  cases  to  the  circuit  court. 

In  case  of  the  temporary  absence  or  inability  of  the 
Municipal  Judge  to  act,  he  shall  appoint  any  reputable  prac- 
ticing attorney  to  preside  in  his  absence,  as  special  judge, 
and  such  special  judge  shall  have  and  possess  all  the 
powers  and  rights,  and  perform  and  exercise  all  of  the 
duties  of  judge  of  said  court  as  fully  and  completely  as 
the  ^Municipal  Judge  appointing  him,  and  for  his  services 
shall  receive  one-half  of  the  docket  fee  taxed  for  the  use 
and  benefit  of  such  city,  as  hereinafter  provided,  in  the 
cases  in  which  he  shall  preside.  It  shall  be  the  duty  of 
the  judge  of  said  court,  to  tax  for  the  use  and  benefit  of 
such  city  a docket  fee  of  five  dollars  ($5.00)  in  each  case 
where  the  defendant  is  adjudged  guilty  of  a violation  of 
any  law  of  this  state  or  ordinance  of  such  city,  which 
docket  fee  shall  be  collectible  in  the  same  manner  as  other 
costs  are  collected,  and  no  other  fee  whatever  shall  be  taxed 
against  a diefendant  except  as  herein  provided  for : Pro- 

vided, however.  That  nothing  herein  shall  prevent  the  tax- 
ing and  collection  of  the  penalties  and  fees  now  provided 
by  law  in  case  of  the  collection  of  judgments  on  execution, 
levy,  and  sale  of  personal  property,  but  all  such  penalties 
and  fees  when  collected  shall  be  for  the  use  and  benefit  of 
such  city. 


8 


AMENDMENTS  TO  CITY  CHARTER. 


All  fees  herein  provided  to  be  collected  by  such  judge 
shall  be  for  the  use  and  benefit  of  such  city,  which  fees 
such  judge  shall  pay  into  the  Comptroller’s  office  once  in 
three  (3}  months  for  the  use  and  benefit  of  the  general 
funds  of  such  city.  All  fines  and  penalties  collected  by 
such  judge  shall  be  paid  over  by  him  to  the  same  persons 
and  in  the  same  manner  and  under  the  same  restrictions 
that  justices  of  the  peace  are  required  to  do. 

Any  ])erson  having  been  adjudged  guilty  of  a viola- 
tion of  any  ordinance  of  such  city  and  committed  therefor 
may  be  discharged  by  such  court  or  judge  after  said  de- 
fendant has  been  imprisoned  in  addition  to  the  term  of  im- 
])risonment,  if  any,  adjudged  against  him  as  a part  of  the 
sentence,  one  day  for  every  dollar  of  such  fine  and  costs, 
if  it  appear  to  such  court  or  judge  that  such  defendant  is 
unable  to  pay  or  replevy  such  fine  and  cost,  but  an  execu- 
tion may  issue  against  the  property  of  the  defendant  as  in 
the  case  of  other  judgments.  In  no  case,  however,  shall 
the  city  be  liable  to  any  person  for  costs  or  fees. 

In  the  case  of  a vacancy  in  the  office  of  the  Alunicipal 
Judge,  the  Governor  of  the  State  of  Indiana  shall  fill  such 
vacancy  by  appointment,  and  the  person  so  appointed  shall 
hold  such  office  until  his  successor  is  elected  and  qualified. 

The  Municipal  Judge  and  clerk  of  the  municipal  court 
shall  not  receive  any  fee  or  other  compensation  whatever 
than  their  res])ective  salaries,  but  the  holding  of  the  office 
of  police  judge  shall  not  exclude  any  person  from  the  right 
to  practice  law. 

The  salary  of  the  Municipal  Judge  shall  be  one  thou- 
sand dollars  ($i,ooo)  per  annum,  payable  quarterly,  as  the 
salary  of  other  officers  are  paid,  and  it  is  hereby  made  the 
duty  of  the  Common  Council  of  such  city  to  provide  for 
the  payment  quarterly  of  said  salary  out  of  the  funds  of 
such  city. 

Si-:c.  4.  Section  47  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  47.  The  clerk  of  the  Department  of  Public 
Safety,  elsewhere  directed  to  be  appointed  by  the  Governor, 
before  entering  u])on  the  discharge  of  his  duties,  shall  ex- 


AMENDMENTS  TO  CITY  CHARTER . 


9 


eciite  a bond  payable  to  such  city  in  the  penal  sum  of  two 
thousand  dollars  ($2,000),  with  good  and  sufficient  se- 
curity, subject  to  the  approval  of  the  Mayor,  which  bond 
shall  be  hied  with  the  City  Comptroller.  Such  clerk  shah 
be  the  clerk  of  said  municipal  court  herein  mentioned  and 
have  full  power  to  administer  oaths ; he  shall  issue  all 
process  of  said  court,  affix  the  seal  of  said  court  thereto 
and  attest  the  same.  He  shall . keep  a true,  correct  and 
complete  record  and  docket  of  all  cases  and  persons  ar- 
rested and  brought  before  the  said  court,  how  tried  and 
disposed  of ; and  he  shall  keep  a true  and  complete  record 
of  the  fees,  hues,  penalties,  forfeitures,  judgments,  execu- 
tions, decrees  and  orders,  had  therein,  in  the  same  manner, 
as  nearly  as  may  be,  as  such  records  are  kept  by  the  clerk 
of  the  circuit  courts.  He  shall  collect,  prosecute  and  re- 
ceive payment  of  all  such  fees,  fines,  penalties  and  for- 
feitures, and  all  judgments  and  executions,  and  all  moneys 
whatever  accruing  to  or  to  be  paid  in  for  the  use  of  said 
city  from  the  enforcement  of  any  of  the  laws  thereof.  At 
the  close  of  each  day’s  session  of  such  court  he  shall  make 
out  and  deliver  to  the  Municipal  Judge  a written  report  of 
all  cases  in  which  he  has  received  or  collected  any  moneys 
during  said  day,  and  shall  forthwith  pay  over  all  such 
moneys  to  said  judge  and  take  his  receipt  therefor. 

Sec.  5.  Section  48  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  48.  The  prosecuting  attorney  of  the  judicial 
circuit  in  which  such  city  is  located,  shall  prosecute  all  cases 
in  said  court  for  the  violation  of  any  law  of  this  state,  and 
shall  be  entitled  to  receive  the  same  fees  therefor  as  are 
now  provided  in  cases  of  such  prosecution  before  the  jus- 
tices of  the  peace,  and  the  City  Attorney  shall  prosecute 
all  cases  of  violation  of  the  ordinances  of  such  citv,  and 
he  shall  be  entitled  to  receive  the  same  fees  therefor  as  are 
allowed  such  circuit  prosecutor.  Witness  fees  in  all  cases 
in  such  municipal  court  shall  be  taxed  and  collectible  onlv 
when  claimed  or  demanded  by  the  witnesses  at  the  time  of 
the  trial.  And  no  witness  shall  be  allowed  more  than  one 
fee  for  any  one  day’s  attendance,  nor  shall  any  witness  fee 


10 


AMENDMENTS  TO  CITY  CHARTEK. 


be  taxed  in  any  case  in  favor  of  any  member  of  the  police 
of  such  city.  All  witness  fees  when  collected  and  received 
by  the  Municipal  Judge  shall  be  paid  by  him  to  such  wit- 
ness on  his  demand  and  his  receipting  upon  the  proper 
docket  for  such  fee,  and  if  not  claimed  in  six  months,  said 
fee  shall  be  turned  into  the  treasury. 

All  warrants  or  other  process  issued  by  the  municipal 
court  shall  be  directed  to  the  Superintendent  of  Police  or 
any  member  of  the  police  force  of  such  city,  which  shall 
be  executed,  served  and  returned. 

It  shall  be  the  duty  of  the  members  of  the  police  force 
of  such  city  to  cause  all  persons  arrested  by  them  for  the 
violation  of  any  ordinance  of  such  city,  or  any  law  of  the 
state,  to  be  taken  before  such  municipal  court  for  trial  or 
examination,  as  the  case  may  be. 

Sec.  6.  Section  49  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  49.  Whenever  any  suit  shall  be  instituted  by 
such  city  it  shall  not  be  necessary  to  aver  its  corporate  or- 
ganization or  the  publication  of  its  by-laws  or  ordinances 
unless  the  same  is  contradicted  by  affidavit.  In  all  prosecu- 
tions against  any  railroad  or  other  incorporate  company  for 
the  violation  of  any  ordinance  of  the  Common  Council  of 
such  city,  a summons  may  issue  against  the  company  and 
may  be  served  on  the  president,  superintendent,  secretary, 
treasurer,  station  agent,  or  general  agent,  and  upon  the  trial 
of  the  cause  judgment  may  be  rendered  against  the  railroad 
company  for  such  penalty  as  may  be  adjudged,  or  the  con- 
ductors or  other  agents  of  the  company  guilty  of  the  viola- 
tion, may  be  arrested  by  warrant,  and  may  be  proceeded 
against  personally  as  in  other  cases. 

Sec.  7.  Section  50  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  50.  All  actions  brought  to  recover  any  penalty 
or  forfeiture  incurred  under  this  act  or  ordinance  made  in 
pursuance  thereof,  shall  be  brought  in  the  corporate  name 
of  such  city,  the  process  in  every  such  action  shall  be  a 
warrant,  and  the  person  named  in  such  warrant  shall  be 
arrested  and  retained  in  custody  or  under  reasonable  recog* 


AMENDMENTS  TO  CITY  CHARTEK. 


11 


nizance  until  the  next  sitting  of  the  municipal  court,  and  it 
shall  not  be  necessary  to  file  with  the  affidavit  or  complaint 
a copy  of  the  ordinance,  or  section  thereof,  charged  to  have 
been  violated,  but  it  shall  be  sufficient  to  recite  in  the  af- 
fidavit or  complaint  the  number  of  the  section  charged  to 
have  been  violated,  with  the  date  of  its  adoption,  nor  shall 
it  be  necessary  to  copy  any  part  of  the  affidavit  or  com- 
plaint or  other  pleadings  in  the  record  of  the  cause : Pro- 

vided, That  the  Municipal  Judge  shall  note  upon  his  docket 
the  parties  to  the  action,  the  title  of  the  cause,  the  filing  of 
the  complaint  or  affidavit,  the  issuing  and  return  of  process 
and  the  judgment  and  proceedings  had  in  the  cause,  and 
the  satisfaction  of  judgment  when  paid. 

If  the  penalty  or  forfeiture  in  which  judgment  is  ob- 
tained is  not  paid  or  replevied,  the  defendant  may  be  com- 
mitted, for  any  period  not  exceeding  thirty  days,  to  the 
workhouse  of  such  city,  or  if  such  city  has  no  workhouse, 
then  to  the  county  prison  of  the  county  in  which  such  city 
is  situated,  and  in  the  latter  case  it  shall  be  the  duty  of  the 
person  having  charge  of  such  person  to  receive  such  de- 
fendant, and  obey  the  judge  or  municipal  court  in  reference 
to  him  or  her,  and  in  default  of  payment  or  replevy  of  such 
judgment  and  costs  the  defendant,  unless  a female,  may  be 
adjudged  and  required  to  pay  the  same  by  manual  labor  in 
said  workhouse  or  county  prison,  or  on  the  street  or  other 
public  works  of  such  city,  for  which  labor  such  defendant 
shall  be  allowed  on  such  judgment  and  costs  seventy-five 
cents  per  day.  It  shall  be  the  duty  of  said  department  of 
such  public  works,  or  such  officer  as  the  Department  of 
Public  Works  may  direct,  to  work  such  defendant  not  less 
than  six  nor  more  than  ten  hours  per  day,  according  to  the 
season,  and  each  evening  return  him  to  the  custody  of  the 
keeper  of  such  workhouse  or  prison.  Upon  the  full  pay- 
ment, as  aforesaid,  of  the  judgment  and  costs,  such  de- 
fendant shall  be  fully  discharged.  And  such  Department 
of  Public  Works  is  hereby  authorized  and  required  to  per- 
form all  the  duties  herein  prescribed,  to  use  all  proper 
means  thereto ; and  the  Common  Council  is  hereby  vested 
with  full  authority  to  pass  by-laws  and  ordinances  for  the 


12 


AMENDMENTS  TO  CITY  CHARTER. 


purpose  of  compelling  the  enforcement  of  such  manual 
labor  by  such  defendant,  by  the  use  of  sufficient  force  and 
means  as  they  may  deem  right  and  proper.  If  any  prisoner 
is  required  to  work  upon  the  streets  of  the  city  as  a part  of 
his  punishment,  then  such  city  shall  pay  to  the  county  the 
fees  now  allowed  to  sheriffs  for  boarding  prisoners,  while 
such  prisoner  is  confined  in  the  county  prison  or  jail,  and 
such  defendant  may  at  any  time  replevy  and  pay  such  judg- 
ment and  costs ; and  in  case  he  has  performed  labor  under 
such  judgment,  he  shall  be  entitled  to  a credit  for  the 
amount  of  labor  performed,  and  the  balance  may  be  paid  or 
replevied  as  aforesaid. 

Sec.  8.  Section  51  of  this  act  shall  be  amended  to 
read  as  follows: 

Section  51.  The  Mayor  of  such  cities  hereinafter 
elected  shall  be  paid  an  annual  salary  of  one  thousand  dol- 
lars ($1,000),  and  he  shall  receive  no  other  compensatior> 
whatever. 

Sec.  9.  Section  52  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  52.  The  clerk  of  such  city  shall  be  the  clerk 
of  the  Common  Council  and  of  the  Board  of  Public  Works. 
He  shall  keep  records  of  the  proceedings  of  said  bodies  and 
of  all  of  the  business  of  said  bodies,  and  shall  have  charge 
of  all  papers  relating  to  the  business  of  said  Common  Coun- 
cil and  said  Board,  and  shall  prepare  and  keep  an  ordinance 
book  as  elsewhere  provided  in  this  act ; he  shall  have  charge 
of  all  documents  and  books,  the  keeping  of  which  may  be 
intrusted  to  him  by  statute  or  ordinance ; he  shall  keep  the 
city  seal,  and  shall  perform  all  other  duties  provided  by  law 
or  incident  to  his  office.  He  shall  receive  a salary  of  two 
thousand  dollars  ($2,000)  per  year  for  all  such  services, 
and  shall  not  receive  any  other  compensation,  fee  or  per- 
quisite except  for  furnishing  copies  of  the  records  in  his 
possession,  which  copies  shall  be  received  as  evidence  in  any 
proceeding  and  for  which  the  clerk  shall  receive  such  fees 
as  are  paid  to  county  clerks  for  similar  services.  Such 
clerk  shall  deliver  over  to  his  successor  as  soon  as  the  same 
has  qualified  for  office  all  documents,  books  and  belongings 
of  his  office. 


AMENPMENTS  TO  CITY  CHARTEK. 


13 


Sec.  10.  Section  53  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  53.  The  following  executive  departments  are 
hereby  established  in  such  city. 

{a)  Department  of  Finance. 

{b)  Department  of  Law. 

(c)  Department  of  Public  Works. 

(d)  Department  of  Public  Safety. 

(e)  Department  of  Assessment  and  Collection. 

(/)  Department  of  Public  Health  and  Charity. 

Xo  other  executive  or  administrative  department  shall 
be  established  in  such  city. 

Subordinate  officers  and  employes  not  herein  provided 
for,  shall  be  appointed  by  the  heads  of  their  respective  de- 
partments. Each  department  shall  have  the  power  to  pre- 
scribe rules  and  regulations  not  inconsistent  with  any 
statute  or  ordinance,  for  its  own  government  relating  to 
the  conduct  of  its  own  officers,  clerks  and  employes,  the 
distribution  and  performance  of  its  business  and  preserva- 
tion of  books  and  records  and  papers  and  property  under 
its  control.  Each  department  shall  promptly  furnish  to  the 
Mayor  or  to  the  Common  Council  any  information  which 
may  be  called  for  in  relation  to  its  affairs ; the  heads  of  said 
departments,  except  the  Department  of  Public  Safety  and 
the  Department  of  Assessment  and  Collection,  shall  be  ap- 
pointed by  the  Mayor. 

Sec.  II.  Section  97  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  97.  The  Department  of  Public  Safety  shall 
be  under  the  charge  of  a board  of  three  commissioners, 
who  shall  have  been  residents  and  voters  of  such  city  for 
three  years  immediately  previous  to  their  appointment,  and 
who  shall  be  appointed  by  the  Governor  of  Indiana  and  shall 
serve  four  years  and  until  their  successors  shall  be  ap- 
pointed and  qualified.  No  more  than  two  of  the  said  com- 
missioners shall  be  of  the  same  political  party.  Said  com- 
missioners shall  give  bond  to  such  city  in  the  sum  of  one 
thousand  dollars  ($1,000),  to  be  approved  by  and  filed  with 
the  Department  of  Einance  for  the  faithful  performance  of 


14 


AMENDMENTS  TO  CITY  CHARTER. 


their  duties,  respectively,  as  required  herein.  Said  Board 
shall  have  the  care  and  management,  supervision  and  ex- 
clusive control  of  all  matters  relating  to  the  fire  and  police 
force,  fire  alarm,  telegraph,  erection  of  fire  escapes,  in- 
spection of  buildings  and  boilers,  market  places  and  food 
sold  therein,  pounds  and  prisons,  and  it  shall  be  their  duty 
to  cause  the  ordinances  of  the  city  and  the  laws  of  the 
state  to  be  enforced  except  as  herein  otherwise  provided. 
Said  Board  shall  have  power  to  purchase,  at  stated  times 
and  by  competitive  bids  only  (where  amounts  reach  $250 
or  more)  all  necessary  supplies  and  apparatus,  and  make 
all  repairs  needed  in  its  departments,  subject  to  the  same 
proviso  as  herein  is  prescribed  for  the  exercise  of  similar 
powers  by  the  Board  of  Public  Works.  In  case  of  palpable 
collusion  of  bidders,  all  bids  shall  be  rejected  and  new  bids 
asked  for.  Said  commissioners  shall  each  receive  for  their 
services  four  hundred  dollars  ($400)  per  annum,  payable 
quarterly  out  of  the  funds  of  such  city.  It  shall  be  the 
duty  of  the  City  Attorney  of  such  city  to  act  as  the  attorney 
and  legal  adviser  to  said  Board,  but  should  he  refuse  so  to 
do.  or  should  the  said  Board  be  of  the  opinion  that  the  best 
interests  of  such  city  would  be  subserved  by  employing 
other  counsel,  said  Board  may  from  time  to  time  as  it  deems 
necessary  employ  any  attorney  at  law  resident  of  such  city 
to  act  for  it,  and  any  sum  due  said  attorney  for  such  ser- 
vices shall  be  determined  by  said  Board  and  be  paid  by  such 
city.  They  shall  appoint  a clerk,  whose  duty  it  shall  be 
to  keep  all  records  and  accounts  for  said  Board  and  shall 
perform  such  other  duties  as  shall  be  required  by  said  com- 
missioners ; he  shall  be  the  clerk  of  the  municipal  court  and 
of  the  Superintendent  of  Police,  and  shall  perform  all  the 
duties  incident  to  the  clerks  of  circuit  courts  as  provided  by 
law.  He  shall  receive  a salary  of  nine  hundred  dollars 
($900)  per  annum  in  full  compensation  for  his  services  to 
the  Department  of  Public  Safety  and  to  the  Superintendent 
of  Police,  and  as  clerk  of  the  municipal  court,  payable 
monthly  as  the  salaries  of  other  city  officials  are  paid,  and 
it  is  hereby  made  the  duty  of  the  Common  Council  of  such 
city  to  provide  for  the  payment  of  such  salaries  out  of  the 
funds  of  such  city. 


AMENDMENTS  TO  CITY  CHAKTEK. 


15 


Src.  12.  Section  99  of  said  act  shall  be  amended  to 
read  as  follows : 

Section  99.  Such  commissioners  shall  appoint  a super- 
intendent of  police,  two  captains,  sergeants,  two  clerks, 
drivers,  detectives  and  such  other  officers  and  patrolmen 
for  the  police  force  as  they  may  deem  advisable ; also  a 
chief  of  the  fire  department,  captains  and  all  other  officers, 
members  and  employes  for  the  fire  department,  as  they 
may  deem  advisable ; also  a weighmaster,  marketmaster, 
poundmaster  and  such  other  officials  necessary  for  such  De- 
partment of  Public  Safety.  Not  more  than  one-half,  as 
nearly  as  may  be  of  said  captains,  sergeants,  clerks  and 
drivers  of  the  police  force  shall  belong  to  the  same  political 
party,  and  not  more  than  one-half,  as  nearly  as  may  be,  of 
such  officers  and  patrolmen  of  the  police  force  and  such 
captains  and  members  of  the  fire  department  force,  exclud- 
ing the  Superintendent  of  Police  and  the  Chief  of  the  Fire 
Department,  shall  belong  to  the  same  political  party.  The 
Superintendent  of  Police,  Chief  of  Fire  Department  and 
all  other  officers,  members  and  employes  of  the  police  force 
and  fire  department  shall  give  bond  in  the  penal  sum  of 
one  thousand  dollars  ($1,000)  each,  conditioned  for  the 
faithful  performance  of  their  duties  respectively,  with  suf- 
ficient security  to  be  approved  by  the  Mayor.  Said  Board 
shall  not  appoint  more  than  one  patrolman  for  each  one 
thousand  inhabitants  for  such  city,  and  not  less  than  one 
patrolman  for  every  fifteen  hundred  inhabitants  of  such 
city,  and  shall  not  appoint  more  than  one  officer  of  the  police 
force,  excluding  the  Superintendent  of  Police,  for  each  five 
thousand  inhabitants  of  such  city.  Such  superintendent, 
captains,  officers  and  patrolmen  of  the  police  force,  and 
such  chief  and  other  officers  and  employes  of  such  fire  de- 
partment, shall  receive  such  compensation  as  such  Board 
may  determine,  provided  that  the  compensation  for  such 
Superintendent  of  Police  shall  not  be  less  than  twelve  hun- 
dred dollars  ($1,200)  per  annum  nor  more  than  fifteen  hun- 
dred dollars  ($1,500)  per  annum;  that  the  compensation 
for  Captain  of  Police  shall  not  be  less  than  eight  hundred 
dollars  ($800)  nor  more  than  ten  hundred  dollars  ($1,000) 


16 


AMENDMENTS  TO  CITY  CHARTEK. 


per  annum ; that  the  compensation  for  Sergeant  of  Police 
shall  not  be  less  than  seven  hundred  and  fifty  dollars  ($750) 
per  annum  nor  more  than  nine  hundred  dollars  ($900)  per 
annum ; that  the  compensation  for  said  clerks  shall  be  six 
hundred  dollars  ($600)  per  annum;  that  the  compensation 
for  police  patrolmen  and  drivers  shall  not  be  less  than  six 
hundred  dollars  ($600)  per  annum  nor  more  than  eight 
hundred  dollars  ($800)  per  annum;  that  the  compensation 
for  the  Chief  of  the  Fire  Department  shall  not  be  less  than 
twelve  hundred  dollars  ($1,200)  per  annum  nor  more  than 
fifteen  hundred  dollars  ($1,500)  per  annum;  that  the  com- 
pensation for  the  captains  of  the  fire  department  shall  not 
be  less  than  eight  hundred  dollars  ($800)  per  annum  nor 
more  than  one  thousand  dollars  ($1,000)  per  annum;  that 
the  compensation  for  other  officers  and  employes  of  such 
fire  department  shall  not  be  less  than  five  hundred  and  forty 
dollars  ($540)  nor  more  than  eight  hundred  dollars  ($800) 
per  annum.  The  compensation  of  all  other  officers  shall 
be  fixed  and  determined  by  such  Board  as  in  their  judg- 
ment will  be  reasonable  and  promote  good  government  of 
such  city,  and  it  is  hereby  made  the  duty  of  the  Common 
Council  of  such  city  to  provide  for  the  payment  of  such 
officers  and  employes  of  said  police  force  and  said  fire  de- 
partment and  of  the  necessary  expenses  of  conducting  such 
Department  of  Public  Safety  out  of  the  funds  of  such  city. 
All  persons  so  appointed  shall  serve  during  good  behavior 
and  shall  be  of  good  moral  character  and  shall  be  able  to 
speak  and  write  the  English  language.  Such  Board  shall 
have  power,  for  cause  assigned  on  public  hearing  accord- 
ing to  rules  to  be  promulgated  by  them,  to  remove  or  sus- 
pend from  office,  or  for  a definite  period  deprive  of  pay  any 
officer  or  member  of  said  police  force  or  said  fire  depart- 
ment, except  that  detectives  may  be  dismissed  at  any  time 
by  said  Board  without  notice  or  hearing;  and  said  Board 
shall  have  the  power  to  make  general  and  special  rules  and 
regulations  for  the  government  and  discipline  of  said  police 
force  and  fire  department  and  to  make  and  promulgate  gen- 
eral and  special  orders  to  such  police  force  through  the 
Superintendent  of  Police,  who  shall  be  the  executive  head 
of  such  force,  and  to  such  fire  department  through  the 


AMENDMENTS  TO  CITY  CHARTEK. 


17 


Chief  of  the  Fire  Department,  who  shall  be  the  executive 
head  of  the  fire  department  ; that  immediately  upon  the  ap- 
pointment of  such  commissioners  of  the  Department  of 
Public  Safety  by  the  Governor,  as  provided  in  this  act,  when 
it  shall  have  organized  by  the  election  of  a president  and 
secretary,  it  shall  at  once  proceed  to  the  reorganization  of 
the  police  force  and  fire  department  of  such  city,  in  such  a 
way  that  not  more  than  50  per  cent,  of  the  employes  in 
either  of  these  departments,  exclusive  of  the  Superintendent 
of  Police  and  the  Chief  of  the  Fire  Department,  shall  belong 
to  or  be  from  any  one  political  party ; the  intent  being  to 
construct  and  hereinafter  maintain  in  any  such  city  a non- 
])artisan  police  force  and  fire  department. 

To  that  end  such  P>oard  shall  have  the  power  and 
authority  to  dismiss  and  discharge  without  notice  or  hearing 
any  and  all  officers,  members  and  employes  of  such  police 
force  and  such  fire  department,  including  the  Superin- 
tendent of  Police  and  the  Chief  of  the  Fire  Department  and 
all  who  shall  at  the  time  of  the  taking  effect  of  this  act,  be 
connected  with  such  police  force  or  such  fire  department. 
After  the  reorganization  of  said  force  and  department  no 
removal  shall  ever  be  made  upon  political  grounds ; that 
said  commissioners  shall  provide  a sufficient  mental  and 
physical  examination  for  admission  to  the  police  force  and 
fire  department  covering  a thorough  knowledge  of  the 
geography  and  buildings  in  such  city  and  the  railroads  run- 
ning into  or  through  such  city,  and  all  the  rules  and  regula- 
tions bearing  upon  routine  or  emergency  duty.  All  ap- 
pointees shall  be  of  good  moral  character  and  shall  be  vouched 
for  by  two  reputable  citizens,  who  are  freeholders.  The 
Superintendent  of  Police  shall  have  exclusive  direction  and 
control  of  the  police  force,  and  the  Chief  of  the  Fire  De- 
partment shall  have  exclusive  control  and  charge  of  the 
fire  department,  subject  in  both  cases  to  the  rules,  regula- 
tions and  orders  of  the  Department  of  Public  Safety.  The 
P)Oard  of  Safety  now  existing  in  said  cities  shall  turn  over 
to  their  successors  as  provided  by  this  act  all  papers,  books, 
documents  and  property  of  every  kind  and  description  be- 
longing to  said  Department  of  Public  Safety  and  under 
their  control.  The  commissioners,  whenever  it  sliall  seem 


18 


AMENDMENTS  TO  CITY  CHARTER. 


to  them  discreet,  may,  on  the  application  of  any  person  or 
persons  showing  the  necessity  thereof,  appoint  and  swear 
in  any  number  of  additional  patrolmen  to  do  duty  at  any 
]3lace  .within  said  city,  at  the  charge  and  expense  of  the 
person  or  persons  by  whom  the  application  may  be  made, 
and  the  patrolmen  so  appointed  shall  perform  duty  only  at 
the  place  designated  by  said  .commissioners.  They  shall 
continue  in  office  at  the  pleasure  of  said  commissioners  for 
a term  not  exceeding  one  year;  shall  be  subject  to  and  obey 
the  orders,  rules  and  regulations  of  said  commissioners,  and 
conform  to  the  general  discipline  of  the  police  force  of  such 
city,  and  to  such  special  regulations  as  may  be  made  by 
such  commissioners  for  their  government.  And  the  per- 
sons so  appointed  may  be  removed  at  any  time  by  the  com- 
missioners. The  commissioners  may,  upon  emergency,  with 
tlie  written  consent  of  the  Governor,  and  the  Mayor  of  said 
city,  appoint  such  number  of  special  patrolmen  as  they  may 
deem  advisable,  but  such  special  patrolmen  shall  serve  for 
not  exceeding  seven  consecutive  days,  unless  their  employ- 
ment for  a longer  period  shall  be  approved  of  by  the  Board 
of  Police  Commissioners  and  the  Mayor  of  such  city.  And 
the  said  special  patrolmen  shall  be  paid  in  the  same  manner 
as  hereinbefore  provided  for  the  regular  force.  The  Board 
of  Public  Safety  now  existing  in  such  city  is  hereby 
abolished. 

Sec.  13.  Section  102  of  this  act  shall  be  amended  to 
read  as  follows : 

Section  102.  The  officers  and  members  of  such  police 
force  shall  possess  all  the  common  law  and  statutory  powers 
of  constables,  except  in  relation  to  the  service  of  civil  pro- 
cess, and  any  warrant  of  search  or  arrest  issued  by  any 
judge,  magistrate,  mayor  or  justice  of  the  peace  of  this 
state  may  be  executed  in  any  part  thereof  by  any  member 
of  said  police  force,  subject  to  the  laws  of  this  state  gov- 
erning arrests  and  bail.  The  members  of  such  police  force 
shall  have  the  exclusive  power,  and  it  shall  be  their  duty  to 
serve  all  process  within  such  city  issuing  from  the  munici- 
pal court.  They  shall  be  conservators  of  the  peace  of  such 
city,  and  shall  arrest  without  process  all  persons  who  within 
view  commit  any  crime  or  misdemeanor  contrary  to  the 


amp:ndments  to  city  chaktp:k. 


19 


statutes  of  this  state  or  ordinances  of  such  city,  take  them 
before  the  Municipal  Judge  of  such  city,  or  lief  ore  the  of- 
ficers having  jurisdiction  of  the  ofifense  with  which  such 
person  is  charg'ed,  and  retain  them  in  custody  until  the 
cause  of  such  arrest  has  been  investigated ; suppress  all 
breaches  of  the  peace  within  their  knowledge,  and  authority 
is  herebv  given  to  them  to  call  to  their  aid  the  power  of 
such  city;  to  pursue  and  commit  to  jail  all  felons  and  per- 
sons guilty  of  misdemeanor  or  crimes  in  violation  of  the 
statutes  of  this  state  or  ordinances  of  such  city.  They  shall 
have  the  exclusive  power,  and  it  shall  be  their  duty  to  serve 
all  process  issued  by  the  Common  Council  or  any  commit- 
tee thereof,  pursuant  to  this  act,  or  by  any  of  the  executive 
departments  of  such  city.  The  Board  of  Public  Safety  shall 
detail  some  one  member  of  said  force,  or  as  many  as  it 
may  deem  necessary,  to  attend  the  municipal  court  as  bailiff 
and  preserve  order  therein. 

Sec.  14.  Section  134  of  this  act  shall  be  amended  to 
read  as  follows ; 

Section  134.  The  Department  of  Public  Health  and 
Charities  shall  be  under  the  control  of  a commissioner  of 
public  health,  who  shall  be  appointed  by  the  Mayor  for  a 
term  of  four  years,  and  shall  not  be  subject  to  removal  ex- 
cept for  inefficiency  or  neglect  of  duty. 

Said  commissioner  shall  receive  a salary  of  fifteen  hun- 
dred dollars  ($1,500),  which  may  be  increased  by  ordinance 
to  a sum  not  exceeding  two  thousand  dollars  ($2,000)  per 
year.  Said  commissioner  shall  be  a person  well  known  to 
be  a skilled  bacteriologist  and  chemist  and  to  be  proficient 
in  sanitary  science ; shall  be  qualified  to  analyze  food  stuffs, 
water  used  for  drinking  purposes  and  that  taken  from 
streams  and  pools  within  and  adjacent  to  such  city.  Said 
commissioner  shall,  also,  possess  the  necessary  skill  to  in- 
vestigate and  determine  cases  of  alleged  poisoning  'and 
demonstrate  his  findings  in  the  courts  of  justice.  Said 
commissioner  shall  attend  to  the  proper  registration  of 
births,  marriages  and  deaths  and  such  other  statistical  in- 
formation as  the  department  may  require. 

Said  health  commissioner  shall  nominate  for  appoint- 


20 


AMENDMENTvS  TO  CITY  CHARTER. 


nicnt  by  and  witli  the  concurrence  of  the  Department  of 
Public  Safety,  as  special  sanitary  officers,  if  in  their  judg- 
ment they  deem  it  necessary,  skulled  and  competent  persons 
for  live  stock  and  meat  inspectors,  and  food  inspectors, 
whose  duties  shall  be  to  inspect  all  live  stock,  meat  and  food 
offered  for  sale  for  ffumaii  food  in  such  city,  and  to  attend 
the  public  market  and  carefidly  watch  over  the  same  and 
prevent  the  selling  or  offering  to  sell,  for  human  food,  any 
and  all  articles  unfit  for  such  use,  and  said  commissioner 
is  hereby  authorized  to  require  from  the  Department  of 
Public  Safety  special  detail  of  policemen  who  shall  con- 
stantly be  subject  to  the  orders  of  such  commissioner  of 
public  health. 

St:c.  15.  Section  135  of  said  act  shall  be  amended  to 
read  as  follows : 

Section  135.  Said  health  commissioner  is  hereby 
authorized  and  directed  to  prepare  ordinances  for  the  pro- 
tection of  public  health,  for  securing  the  proper  registra- 
tion of  births,  marriages  and  deaths,  and  such  other  statis- 
tical information  as  the  department  may  require,  with  pen- 
alties for  their  violation  ; for  the  removal  and  burial  of  the 
deard,  and  the  destruction  or  fumigation  of  infected  property 
or  premises,  for  the  registration  of  plumbers  and  the  in- 
spection of  plumbing  and  house  drainage  in  all  buildings, 
both  public  and  private,  erected  prior  thereto,  wherein 
changes  in  or  additions  to  the  plumbing  or  drainage  are  to 
be  made ; or  the  appointment  of  an  inspector  of  plumbing 
and  house  drainage,  who  shall  be  a practical  plumber,  who 
shall  be  required  to  pass  an  examination  as  to  his  qualifica- 
tions by  a board  of  three  practical  plumbers  doing  business 
and  residing  in  such  city,  said  Board  to  be  selected  by  the 
health  commissioner  of  such  city.  Such  ordinance  shall 
be  submitted  to  the  Council  for  passage  as  other  ordinances, 
• Sec.  16.  .Section  136  of  said  act  shall  be  amended  to 
read  as  follows ; 

Section  136.  In  any  such  city  in  which  water  works 
have  been  constructed  or  are  now  in  process  of  construction 
or  extension,  or  where  water  works  shall  hereafter  be 
ordered,  the  said  water  works  shall  be  under  the  authority, 
direction  and  control  of  the  Board  of  Public  Works  here- 


AMENDMENTS  TO  CITY  CHARTER. 


21 


inbefore  created,  wlio  shall  have  and  possess  all  the  power 
and  be  under  the  obligations,  and  do  and  perform  all  the 
duties  now  conferred  njion  the  Trustees  of  the  Water 
Works  under  and  by  virtue  of  an  act  of  the  General  As- 
sembly of  this  state,  entitled  “An  act  to  authorize  cities 
and  incorporated  towns  to  construct,  maintain  and  operate 
water  works,  issue  and  sell  bonds  to  pay  for  such  con- 
struction, repealing  all  laws  in  conflict  with  this  act  and  de- 
claring an  emergency,”  approved  March  25,  1879,  and  all 
laws  amendatory  thereof  and  supplemental  thereto.  Boards 
of  water  works  trustees  heretofore  existing  in  such  cities 
shall  be  and  are  hereby  abolished,  and  all  of  their  powers 
and  duties  shall  be  and  are  hereby  conferred  upon  the  Board 
of  Public  Works  of  such  city.  Said  Board  of  Public 
Works  shall  employ  at  a salary  of  two  thousand  dollars 
($2,000)  per  year,,  one  chief  clerk  of  the  water  works  and 
one  assistant  clerk  of  the  water  works,  at  a salary  of  one 
thousand  dollars  ($1,000)  per  year.  Such  chief  clerk  of 
the  water  works  shall  keep  the  records  and  books  belonging 
to  the  water  works,  collect  the  rentals  and  do  and  perform 
such  other  things  in  connection  with  such  water  works  as 
may  be  designated  bv  such  Board  of  Public  Works.  For 
the  purpose  of  paying  the  expenses  of  managing  and  oper- 
ating the  water  works  in  such  city  and  for  making  exten- 
sions and  improvements  and  paying  the  interest  on  an\ 
water  works  debts  therein  incurred  in  the  building  thereof, 
the  Board  of  Public  Works  shall  have  power  to  assess  and 
collect  from  time  to  time,  a water  rent  or  charge  of  suf- 
ficient amount  in  such  manner  as  they  deem  most  equitable 
upon  all  tenants  and  premises  supplied  with  water,  and  for 
the  supply  of  boilers,  locomotive  engines,  and  all  other  pur- 
poses for  which  water  may  be  supplied;  should  there  be 
any  surplus  after  the  payment  of  the  costs  of  operation  and 
maintenance  and  the  necessary  extensions  and  improve- 
ments, and  the  interest  on  the  water  works  debt,  if  any, 
such  surplus  shall  be  set  aside  as  a sinking  fund  for  the 
ultimate  payment  of  such  debt,  and  said  Trustees  of  the 
Water  Works,  upon  the  taking  effect  of  this  act,  shall  turn 
over  to  the  Board  of  Public  Works  all  books,  papers, 
moneys,  documents  and  property  of  every  kind  and  de- 


22 


AMKNDMKNTS  TO  CITY  CHARTER. 


scription  now  held  or  controlled  by  them  as  such  trustees. 

Sec.  17.  All  laws  and  parts  of  laws  in  conflict  with 
any  of  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  18.  Whereas  an  emergency  exists  for  the  imme- 
diate taking  effect  of  this  act,  therefore  the  same  shall  be 
in  force  and  effect  from  and  after  its  passage. 


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